Anderson v. Safir

Appellate Division of the Supreme Court of New York

Anderson v. Safir

260 A.D.2d 179, 688 N.Y.S.2d 34, 1999 N.Y. App. Div. LEXIS 3638

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 6, 1999

StatusPublished

This text of 260 A.D.2d 179 (Anderson v. Safir) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Anderson v. Safir, 260 A.D.2d 179, 688 N.Y.S.2d 34, 1999 N.Y. App. Div. LEXIS 3638 (N.Y. Ct. App. 1999).

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Opinion

—Determination of respondent Police Commissioner dated July 16, 1997, dismissing petitioners from their positions as police officers, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Ronald Zweibel, J.], entered March 20, 1998), dismissed, without costs.

Respondent’s findings that petitioners, inter alia, while off duty, wrongfully placed civilians in fear of imminent physical injury by displaying their guns and using racial epithets, are supported by substantial evidence, including, in particular, that petitioners car pool together and that one of them owned the car described with specificity to the 911 operator at the time of the incident. No basis exists to disturb respondent’s findings of credibility concerning the complainants’ identification testimony (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness (see, supra, at 445). Concur — Rosenberger, J. P., Nardelli, Williams and Andrias, JJ.

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—Determination of respondent Police Commissioner dated July 16, 1997, dismissing petitioners from their positions as police officers, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Ronald Zweibel, J.], entered March 20, 1998), dismissed, without costs.

Respondent’s findings that petitioners, inter alia, while off duty, wrongfully placed civilians in fear of imminent physical injury by displaying their guns and using racial epithets, are supported by substantial evidence, including, in particular, that petitioners car pool together and that one of them owned the car described with specificity to the 911 operator at the time of the incident. No basis exists to disturb respondent’s findings of credibility concerning the complainants’ identification testimony (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness (see, supra, at 445). Concur — Rosenberger, J. P., Nardelli, Williams and Andrias, JJ.

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Bluebook (online)

260 A.D.2d 179, 688 N.Y.S.2d 34, 1999 N.Y. App. Div. LEXIS 3638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-safir-nyappdiv-1999.

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