Former Cop's Termination Stands in Appeals Court

A New York State Appellate Court has dismissed an Article 78 appeal by a former Harrison Police Officer, claiming he was fired unfairly by the town in January 2009.

Former Officer Steven Heisler was terminated after multiple charges of misconduct stemming from an incident in a Harrison bar in June 2007. On that date Heisler responded to a fight involving former Harrison Police Officer Ralph Tancredi, but failed to properly report the incident, said Town Attorney Frank Allegretti. 

The Harrison Town Board later determined that Heisler filed false reports, entered a dangerous situation without backup and failed to follow police protocol in an effort to cover up Tancredi's actions.

Harrison Police, under the leadership of then Chief David Hall, conducted an investigation into Heisler's job performance starting later that month. Hearings began on the issue in early 2008. The Harrison Town Board, acting as Harrison Police Commissioners, chose to end Heisler's employment on Jan. 22, 2009. 

Heisler appealed his termination, claiming that the board didn't have evidence of any wrong-doing and could not fire him. When the case was transferred to the appellate court Heisler and his attorney Jonathan Lovett abandoned claims of insufficient evidence in favor of a procedural appeal, saying that the board did not follow protocol when he was fired.

In a unanimous decision the New York State Appellate Division dismissed that appeal on Feb. 22, with cost, ruling against Heisler in all procedural objections to his termination. The decision was released on Feb. 25.

Heisler had claimed that two members of the town board held a bias against him because of unrelated lawsuits he and several others had filed against the board members, that video testimony made by witnesses of the 2007 incident should not have been used in court, that he wasn't given sufficient notice of charges and that the penalty imposed wasn't appropriate for the charges presented.

Other claims were dismissed because they were either unpreserved for appellate review or without merit, according to court records.

The decision likely ends any hope of a reversal in the case or a reinstatement of the former officer.

For a full summary of the court's decision click here.