Civil Procedure · MBE-tested
In the Matter of Anthony Rivera, Appellant, v. Howard E. Safir, as Police Commissioner of the City of New York, et al., Respondents
269 A.D.2d 257702 N.Y.S.2d 830·New York Supreme Court, Appellate Division·2000·NY
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Opinion
In the Matter of Anthony Rivera, Appellant, v Howard E. Safir, as Police Commissioner of the City of New York, et al., Respondents.
[702 NYS2d 830]
[MAJORITY]
—Order, Supreme Court, New York County (Bruce Allen, J.), entered June 23, 1999, which denied petitioner’s application pursuant to CPLR article 78 to annul his termination as a probationary police officer with the New York City Police Department, unanimously affirmed, without costs.
Petitioner’s contention that, pursuant to McKinney’s Unconsolidated Laws of NY § 891 (L 1940, ch 834), he was entitled to a pretermination hearing notwithstanding his probationary status has recently been rejected by this Court (see, Matter of Williams v Safir, 265 AD2d 182, lv denied 94 NY2d 758), and the present matter affords no reason to reach a different result. Concur — Tom, J. P., Rubin, Andrias, Buckley and Friedman, JJ.