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IN RE APPLICATION OF LEALAND A. MORGAN, PETITIONER-APPELLANT, FOR A JUDGMENT, ETC., v. HOWARD SAFIR, ETC., RESPONDENT-RESPONDENT.

The petition, which admits that petitioner failed to correct his report of the loss of his shield and identification badge after learning that it was incorrect, on its face indicates legitimate reasons for questioning petitioner's honesty and candor, and thus was properly dismissed as insufficient to show that petitioner's termination was in bad faith (see, Matter of Johnson v. Katz, 68 N.Y.2d 649). The effect of these admissions of good faith is not negated by petitioner's other allegations purporting to show bad faith (see, Matter Medina v. Sielaff, 182 A.D.2d 424, 427-428).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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IN RE APPLICATION OF MORGAN v. SAFIR
(Mar 29, 2001)