In Riddick v. City of New York (4 AD3d 242, 772 N.Y.S.2d 294 [1st Dept 2004]), an NYPD detective, represented by counsel, negotiated a plea agreement with NYPD for various disciplinary infractions, including an alcohol problem, that allowed the Police Commissioner to terminate him at any time for a violation fo the agreement.
After Detective Riddick violated the agreement he was terminated. Detective Riddick then commenced an Article 78 proceeding against the City, claiming discrimination because of his alcohol dependency.
The Riddick Court, at 246, found that "the City did not engage in unlawful employment practices by terminating him after giving him repeated opportunities to rehabilitate himself."
The Court in Riddick upheld the enforcement of the plea agreement between petitioner and his municipal employer, stating, "since plaintiff agreed to dispose of the pending departmental charges and specifications pursuant to a negotiated plea, plaintiff--in all fairness to himself, his fellow officers, the Department and the public--should be bound by those terms."