Appellate Division of the Supreme Court of the State of New York April 27, 2004 (Saccone v. Kelly)

Determination of respondent Police Commissioner, dated May 27, 2002, dismissing petitioner from his position as a police officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to *340this Court by order of the Supreme Court, New York County [James A. Yates, J.], entered on or about February 25, 2003) dismissed, without costs.