Individual dismissed after being found guilty of stealing from a fellow employee

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Individual dismissed after being found guilty of stealingfrom a fellow employeeClinkscales v Kelly, 2012 NY Slip Op 04287, AppellateDivision, First Department
New York City Police Commissioner Raymond Kelly dismissed apolice officer found guilty of disciplinary charges that alleged that theofficer had stolen a money order from a fellow officer and deposited it in herbank account.
Holding that there was substantial evidence to supportfinding the officer guilty of the charges filed against her, the AppellateDivision then addressed the issue of the officer’s request for an adjournmentof the hearing pending the disposition of the complaining officers' relateddisciplinary charges.
The court ruled that the officer was not deprived of dueprocess as her counsel agreed to the scheduled hearing date, knowing that theminutes, but not the decision, in the related matter were available. Indeed,the decision reports that the officer had a copy of the complaining officers'testimony in the related hearing.
Further, said the court, the decision in the related matterwas not probative of any issue in the officer’s disciplinary proceeding.
As to the penalty imposed, dismissal, the Appellate Divisionsaid that it did not shock its sense of fairness, citing Kelly v Safir,96 NY2d 32.
The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2012/2012_04287.htm