Matter of Padilla v Kelly
2007 NY Slip Op 05412 [41 AD3d 271]
June 21, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


In the Matter of Bernaldino Padilla, Petitioner,
v
Raymond W. Kelly, as Police Commissioner of the City of New York, et al., Respondents.

—[*1] Worth, Longworth & London, LLP, New York (Howard B. Sterinbach of counsel), for petitioner.

Michael A. Cardozo, Corporation Counsel, New York (Kristin M. Helmers of counsel), for respondents.

Determination of respondent Police Commissioner, dated November 4, 2005, which placed petitioner on probationary dismissal and imposed a forfeiture of 32 days of pay, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Leland DeGrasse, J.], entered June 22, 2006) dismissed, without costs.

Substantial evidence supports the finding that petitioner failed to comply with a lawful order of a superior officer. The penalty imposed does not shock the conscience (see Matter of Rodriguez-Rivera v Kelly, 2 NY3d 776 [2004]). Concur—Tom, J.P., Andrias, Nardelli, Williams and Buckley, JJ.