2008 NY Int. 5

This opinion is uncorrected and subject to revision before publication in the Official Reports.

2008 NY Slip Op 00181

Decided on January 15, 2008

No. 47 SSM 36

In the Matter of Police Officer Myron Duncan, & c., Appellant,

v

Raymond W. Kelly, & c., et al., Respondents.

Submitted by Howard B. Sterinbach, for appellant.

Submitted by Marta Ross, for respondents.

MEMORANDUM

The order of the Appellate Division should be affirmed with costs. The certified question should not be answered upon the ground that it is unnecessary.

The Police Commissioner has the authority to discharge a probationary police officer for conduct committed while serving as a member of the force (see New York City Administrative Code

§ 14-115). A probationary police officer may be discharged for "almost any reason, or for no reason at all" as long as it is not "in bad faith or for an improper or impermissible reason" (Matter of Swinton v Safir, 93 NY2d 758 [1999]; see Matter of Berenhaus v Ward, 70 NY2d 436 [1987]; Matter of York v McGuire, 63 NY2d 760 [1984]). We reject petitioner's argument that he was dismissed solely due to pre-hiring conduct; rather, in terminating petitioner, the Commissioner relied upon his post-hiring conduct of giving false and misleading statements to members of the Internal Affairs Bureau.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question not answered upon the ground that it is unnecessary, in a memorandum. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided January 15, 2008