| Matter of Villar v Kelly |
| 2011 NY Slip Op 02058 [82 AD3d 579] |
| March 22, 2011 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Maria Villar, Petitioner, v Raymond W. Kelly, as Police Commissioner of the City of New York, et al., Respondents. |
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Michael A. Cardozo, Corporation Counsel, New York (Julie Steiner of counsel), for
respondents.
Determination of respondent Police Commissioner, dated April 7, 2009, dismissing petitioner from the Police Department, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Jane S. Solomon, J.], entered November 27, 2009) dismissed, without costs.
Respondent's determination to dismiss petitioner from the Police Department is supported by substantial evidence that petitioner wrongfully discussed and divulged official department business with a person known to the department (Matter of Purdy v Kreisberg, 47 NY2d 354 [1979]). Given the risk to the general public arising from the passing of sensitive information about a narcotics case to another subject of the same ongoing narcotics investigation, the penalty of dismissal does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]). Concur—Tom, J.P., Andrias, Sweeny, Moskowitz and Renwick, JJ.