Trotta v. Ward, 567 N.E.2d 241 (N.Y. 1991). · Go Syfert
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Trotta v. Ward, 567 N.E.2d 241 (N.Y. 1991). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …is accountable to the public for the integrity of the department at p. 828 ✓
cited 2× by 2 distinct cases · …the commissioner's dismissal of a police officer for using illegal drugs is not so disproportionate to the offense as to be shocking to one's sense of fairness at p. 828 ✓
62 citation events (27 in the last 25 years) across 4 distinct courts.
Strongest positive: Matter of Santos v. Sewell (nyappdiv, 2024-06-27)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Santos v. Sewell
N.Y. App. Div. · 2024 · confidence medium
However, the Police Commissioner found that there was no reasonable dispute concerning the test results and in matters of police discipline, great leeway is accorded the Police Commissioner's determination concerning appropriate punishment because, the Commissioner, not the courts, are accountable to the public for the integrity of the police force (Trotta v Ward, 77 NY2d 827, 828 [1991]).
discussed Cited as authority (rule) Matter of Quire v. City of New York
N.Y. App. Div. · 2020 · confidence medium
We find no grounds to vacate the penalty here, as "[t]he Commissioner's dismissal of a police officer for using illegal drugs is not so disproportionate to the offense as to be shocking to one's sense of fairness" ( Trotta v Ward , 77 NY2d 827, 828 [1991], citing Matter of Pell v Board of Educ. of Union Free School Dist.
discussed Cited as authority (rule) Matter of Quire v. City of New York
N.Y. App. Div. · 2020 · confidence medium
We find no grounds to vacate the penalty here, as "[t]he Commissioner's dismissal of a police officer for using illegal drugs is not so disproportionate to the offense as to be shocking to one's sense of fairness" ( Trotta v Ward , 77 NY2d 827, 828 [1991], citing Matter of Pell v Board of Educ. of Union Free School Dist.
discussed Cited as authority (rule) Jones v. Kelly
N.Y. App. Div. · 2013 · confidence medium
The penalty imposed does not shock our sense of fairness since respondent “is accountable to the public for the integrity of the Department” (Trotta v Ward, 77 NY2d 827, 828 [1991] [internal quotation marks omitted]; see also Matter of Chiofalo v Kelly, 70 AD3d 423 [1st Dept 2010]; Matter of Connor v New York City Police Dept., 22 AD3d 425 [1st Dept 2005]).
discussed Cited as authority (rule) Jones v. Kelly
N.Y. App. Div. · 2013 · confidence medium
The penalty imposed does not shock our sense of fairness since respondent “is accountable to the public for the integrity of the Department” (Trotta v Ward, 77 NY2d 827, 828 [1991] [internal quotation marks omitted]; see also Matter of Chiofalo v Kelly, 70 AD3d 423 [1st Dept 2010]; Matter of Connor v New York City Police Dept., 22 AD3d 425 [1st Dept 2005]).
discussed Cited as authority (rule) Ware v. Board of Fire Commissioners
N.Y. Sup. Ct. · 2011 · confidence medium
As in the case of the police force, in matters concerning the discipline of firefighters, “great leeway” must be accorded to the fire commissioner’s determinations concerning the appropriate punishment, for it is the commissioner, not the courts, who “is accountable to the public for the integrity of the Department” (M atter of Kelly v Safir, 96 NY2d 32, 38 [2001]; Trotta v Ward, 77 NY2d 827, 828 [1991]; Matter of Berenhaus v Ward, 70 NY2d 436, 445 [1987]).
discussed Cited as authority (rule) Broich v. Village of Southampton
N.Y. App. Div. · 2010 · confidence medium
Dismissal for any one of these acts would not be so disproportionate to the offense as to be shocking to one’s sense of fairness (see Trotta v Ward, 77 NY2d 827, 828 [1991]; Matter of Pell v Board of Educ. of Union Free School Dist.
discussed Cited as authority (rule) Kelly v. Scoppetta
N.Y. App. Div. · 2008 · confidence medium
In light of the fact that the petitioner tested positive for cocaine during a drug test administered by the Fire Department and subsequently, during an administrative hearing, admitted to using cocaine on several occasions while employed by the Fire Department, the penalty of dismissal was not so disproportionate to the offenses as to be shocking to one’s sense of fairness, despite evidence that the petitioner suffered from posttraumatic stress disorder (see Trotta v Ward, 77 NY2d 827, 828 [1991]; Matter of Pell v Board of Educ. of Union Free School Dist.
discussed Cited as authority (rule) Montella v. Bratton
NY · 1999 · confidence medium
Significantly, Administrative Code § 14-116 (“Limitations of suits”) authorizes an article 78 proceeding “to procure the restoration or reinstatement to the force or department of any member or officer thereof, if such proceeding be instituted within four months after the decision or order sought to be reviewed” (Administrative Code of City of NY § 14-116 [b]). 3 This “limitation” demonstrates legislative intent that the Police Commissioner’s disciplinary determinations be accorded “substantial deference ‘because he * * * is accountable to the public for the integrity of th…
discussed Cited as authority (rule) Colao v. Village of Ellenville
N.Y. App. Div. · 1996 · confidence medium
Lastly, given the substantial deference accorded disciplinary determinations in police matters (see, Trotta v Ward, 77 NY2d 827, 828), the record supports the conclusion that petitioner’s dismissal was made in good faith.
discussed Cited "see" Thompson v. Burns (2×)
N.Y. App. Div. · 2014 · signal: see · confidence high
Moreover, it is well settled that law enforcement officers may be “held to higher standards than ordinary civil service employees” (Matter of Batista v Kelly, 16 AD3d 182, 182 [2005]), and that “an administrative determination regarding discipline will be afforded heightened deference where a law enforcement agency ... is concerned” (Fortune, 293 AD2d at 157 ; see Trotta v Ward, 77 NY2d 827, 828 [1991], rearg dismissed 79 NY2d 887 [1992]).
discussed Cited "see" THOMPSON, JEFFREY A. v. BURNS, JOHN P. (2×)
N.Y. App. Div. · 2014 · signal: see · confidence high
Moreover, it is well settled that law enforcement officers may be “held to higher standards than ordinary civil service employees” (Matter of Batista v Kelly, 16 AD3d 182, 182 ), and that “an administrative determination regarding discipline will be afforded heightened deference where a law enforcement agency . . . is concerned” (Fortune, 293 AD2d at 157 ; see Trotta v Ward, 77 NY2d 827, 828 , rearg dismissed 79 NY2d 887 ).
discussed Cited "see" Thompson v. Burns (2×)
N.Y. App. Div. · 2014 · signal: see · confidence high
Moreover, it is well settled that law enforcement officers may be “held to higher standards than ordinary civil service employees” (Matter of Batista v Kelly, 16 AD3d 182, 182 [2005]), and that “an administrative determination regarding discipline will be afforded heightened deference where a law enforcement agency ... is concerned” (Fortune, 293 AD2d at 157 ; see Trotta v Ward, 77 NY2d 827, 828 [1991], rearg dismissed 79 NY2d 887 [1992]).
discussed Cited "see, e.g." Matter of Edwards v. City of Middletown, N.Y.
N.Y. App. Div. · 2021 · signal: see also · confidence low
"In matters concerning police discipline, 'great leeway' must be accorded to the Commissioner's determinations concerning the appropriate punishment, for it is the Commissioner, not the courts, who 'is accountable to the public for the integrity of the Department' ( Matter of Berenhaus v Ward , 70 NY2d 436, 445 ; see also , Trotta v Ward , 77 NY2d 827, 828 )" ( Matter of Kelly v Safir , 96 NY2d 32, 38 ).
discussed Cited "see, e.g." Cassino v. Kerik
N.Y. App. Div. · 2003 · signal: see also · confidence low
In Matter of Kelly v Safir ( 96 NY2d 32, 38 ), the Court of Appeals determined: “Judicial review of an administrative penalty is limited to whether the measure or mode of penalty or discipline imposed constitutes an abuse of discretion as a matter of law (see, Matter of Feather stone v Franco, 95 NY2d 550, 554 ; CPLR 7803 [3]). * * * “In matters concerning police discipline, ‘great leeway must be accorded to the Commissioner’s determinations concerning the appropriate punishment, for it is the Commissioner, not the courts, who ‘is accountable to the public for the integrity of the De…
discussed Cited "see, e.g." Kelly v. Safir
NY · 2001 · signal: see also · confidence low
In matters concerning police discipline, “great leeway” must be accorded to the Commissioner’s determinations concerning the appropriate punishment, for it is the Commissioner, not the courts, who “is accountable to the public for the integrity of the Department” (Matter of Berenhaus v Ward, 70 NY2d 436, 445 ; see also, Trotta v Ward, 77 NY2d 827, 828 ).
Retrieving the full opinion text from the archive…
Anthony Trotta
v.
Benjamin Ward, as Police Commissioner of the City of New York
New York Court of Appeals.
Jan 15, 1991.
567 N.E.2d 241
1991 N.Y. LEXIS 70
APPEARANCES OF COUNSEL, Victor A. Kovner, Corporation Counsel (Fay Ng of counsel), for appellant., Amy R. Agress for respondent.
Cited by 58 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, the determination of the Commissioner reinstated and the certified question answered in the negative.

Disciplinary determinations by the Police Commissioner are entitled to substantial deference "because he, and not the courts, is accountable to the public for the integrity of the Department” (Matter of Berenhaus v Ward, 70 NY2d 436, 445; see, Matter of Purdy v Kreisberg, 47 NY2d 354, 360). The Commissioner’s dismissal of a police officer for using illegal drugs is not so disproportionate to the offense as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222, 233).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.