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Labor & Employment Law

: New York Public Personnel Law

Making false statements to a department investigator

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Making false statements to a department investigator
Foster v Kelly, 2008 NY Slip Op 07960, Decided on October 21, 2008, Appellate Division, First Department

New York City Police Department Commissioner Raymond Kelly dismissed New York City Police Officer Carlton Foster from his position after Foster was found guilty of making false and misleading statements to Department investigators and attempted to influence the testimony of a witness in an official investigation.

The Appellate Division sustained the Commissioner?s decision, holding that substantial evidence supported the finding that Foster was guilty of the charges filed against him. Further, said the court, ?the penalty of dismissal from employment does not shock the judicial conscience,? citing Matter of Kelly v Safir, 96 NY2d 32.

The full text of the decisions is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2008/2008_07960.htm

Full post as published by New York Public Personnel Law on October 24, 2008 (boomark / email).

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