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Matter of Walton v. N.Y.C. Police Dep't

NYPD Had Rational Basis to Deny Reinstatement to Officer Who Strategically Chose to Retire

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For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules DECISION/ORDER   In this Article 78 proceeding, petitioner Keith Walton (Walton) seeks a judgment to overturn an order of the respondent New York City Police Department (NYPD), and the NYPD cross-moves to dismiss the petition pursuant to CPLR 3211 (a) (7) (together, motion sequence number 001). For the following reasons, the petition is denied, the cross motion is granted and this proceeding is dismissed. FACTS Walton was employed by the NYPD between 1993 and 2018, when he retired with the rank of Deputy Inspector on May 24, 2018. See verified petition,

7, 17, 26. On November 10, 2016, while he was still employed, the NYPD’s Internal Affairs Bureau (IAB) informed Walton that he was to report for questioning on November 14. Id., 9. Walton appeared, and was first told that his questioning would be rescheduled, but later told that the Bronx County District Attorney wanted him to turn himself in for arrest on criminal sexual harassment charges which another NYPD officer had filed against him (and which were the subject matter of the IAB’s inquiry). Id., 10-11. The NYPD placed Walton on modified duty on November 15, 2016 and he turned himself in for arrest on November 18, 2016. Id., 12. IAB formally filed departmental charges against Walton on November 23, 2016. Id., 13. On April 24, 2018, while both sets of charges were still pending against him, Walton served the NYPD with 30 days notice of his intent to retire. Id., 17. On April 30, 2018, Walton appeared before the IAB for a hearing on the departmental charges, accompanied by a union representative and a union attorney, and declined to answer any questions. Id.,

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