Article 78 police officer appeal against 40 days suspension denied
Matter of Lou-Ann Elias v Raymond Kelly
This Article 78 proceeding was brought about by Petitioner Lou-Ann Elias to reverse a determination of respondent Police Commissioner finding the petitioner guilt of engaging in prohibited conduct with a punishment of 40 days suspension. Petitioner visited her estranged husband who was growing marijuana plants in his basement. Petitioner admitted that she was aware of an always locked room in the basement and that her estranged husband mentioned the idea to grow marijuana in the basement. These facts along with Petitioner’s use of the garage, located closely to the growing room, where both the smell of marijuana and heat from growing lamps would be noticeable, is substantial evidence that Petitioner’s ignorance of criminal activity was deliberate. The Court feels that the 40 day suspension does not shock the conscious.
Accordingly, the Court affirmed the determination and denied the petition.
