Axed officer won’t go down without fight

Fired cop Daniel Pantaleo will sue the NYPD and Commissioner James O’Neill in a bid to win back his job, his lawyer said Monday.

Pantaleo will file a suit under Article 78 of the state Civil Practice Law and Rules — which allows people to appeal decisions by officials or agencies through the courts on grounds that they were “arbitrary and capricious” — lawyer Stuart London said.

If he wins, Pantaleo would be reinstated to the NYPD and be awarded damages for lost wages.

The 13-year veteran was earning a base salary of $85,292 a year when he was suspended without pay on Aug. 2, according to the report from NYPD Deputy Commissioner of Trials Rosemarie Maldonado that recommended he be fired over the 2014 death of Eric Garner.

Pantaleo’s dismissal means he won’t collect a pension, but he will be paid back all the contributions he made toward it.

London also accused the NYPD of reneging on a verbal deal that he and Police Benevolent Association President Pat Lynch had struck with the department’s “highest-ranking members” to award Pantaleo a pension in seven years, when he would have been eligible.

“Friday of last week, it was still gonna happen . . . I then received a text, ‘There will be no paperwork prepared’ Saturday or Sunday,” London said.

An NYPD spokeswoman said Chief of Department Terence Monahan “discussed this as one of the possible options that he thought was fair,” but was overruled by O’Neill.