Labor & Employment Law

Firefighter terminated after making false statements under oath to tell the truth

By Harvey Randall, Esq.

Firefighter terminated after making false statements under oath to tell the truth
Matter of Anthony Loscuito v Scoppetta, 2008 NY Slip Op 03459, Decided on April 15, 2008, Appellate Division, Second Department

Found guilty of six charges of misconduct, Anthony Loscuito was terminated from his position as a firefighter with the New York City Fire Department.

The Appellate Division said that there was substantial evidence that Loscuito ?knowingly made false statements to investigators in the course of the Inspector General's investigation? as well as other misconduct.

The court were particularly concerned with Loscuito?s making false statements under oath that involved serious charges implicating the integrity of the Fire Department of the City of New York. Under the circumstances, it decided that ?the penalty of dismissal was not so disproportionate to the offenses as to be shocking to one's sense of fairness,? citing a number of decisions including Harp v New York City Police Dept., 96 NY2d 892, 894 and Kelly v Safir, 96 NY2d 32.

Full post as published by New York Public Personnel Law on April 22, 2008 (boomark / email).