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THE TOWN HAD THE AUTHORITY TO BRING DISCIPLINARY CHARGES AGAINST THE PLAINTIFF POLICE OFFICER AND THE PLAINTIFF WAS NOT ENTITLED TO RETIREE BENEFITS SET FORTH IN THE COLLECTIVE BARGAINING AGREEMENT (SECOND DEPT).

The Second Department, reversing Supreme Court, in a full-fledged opinion by Justice Miller which is far too comprehensive to fairly summarize here. determined plaintiff police officer was properly subjected to disciplinary charges brought by the town and was not entitled to all the retiree benefits set forth in the collective bargaining agreement:

We are called upon in this case to navigate the interplay between various forms of equitable relief grounded in common law doctrine, principles of modern practice under CPLR article 78 and the Municipal Home Rule Law, and certain state-level policies regarding the right to collective bargaining and the authority of public officials over law enforcement. These issues have been raised as a result of the plaintiff’s complaint, the central aim of which is to prevent the plaintiff’s employer from holding him accountable for the serious disciplinary infractions that he allegedly committed in the course of his official duties as a police officer.

Contrary to the plaintiff’s contentions, the equitable powers and legal doctrines that he seeks to invoke in this litigation do not shield him from the consequences of his actions. Murray v Town of N. Castle, 2022 NY Slip Op 00675, Second Dept 2-2-22

 

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