A New York State Trooper was terminated after a Section 75 hearing and filed and Article 78 proceeding to appeal the decision. The Appellate Division, Fourth Department affirmed the termination decision.  One of the issues the trooper raised was that one of the charges brought against him violated the 18 month maximum time limit to file charges but in this instance the conduct constituted the NYS Penal Law crime of Official Misconduct  (NYS Penal Law Sect 195.00) and accordingly, the 18 month maximum time limit did not apply.

Petitioner’s other contentions were also dismissed by the appeals court. The Court held that the determination was supported by substantial evidence in the record and that the penalty of termination was not shocking to one’s sense of fairness.

Petitioner also claimed that the lower court improperly denied requests for the production of evidence but the Court held that the Petitioner did not show that the production of the evidence was necessary.

Read more about this New York State Trooper termination Article 78 appeal here.

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