Angelo v. Kerik

Appellate Division of the Supreme Court of New York

Angelo v. Kerik

303 A.D.2d 319, 755 N.Y.S.2d 845, 2003 N.Y. App. Div. LEXIS 3243

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

DecidedMarch 27, 2003

StatusPublished

This text of 303 A.D.2d 319 (Angelo v. Kerik) 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.

Bluebook

Angelo v. Kerik, 303 A.D.2d 319, 755 N.Y.S.2d 845, 2003 N.Y. App. Div. LEXIS 3243 (N.Y. Ct. App. 2003).

Pincite

Opinion

—Determination of respon[320]*320dent Police Commissioner, dated May 14, 2001, which dismissed petitioner from his position as a police officer, 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 [Louise Gruner Gans, J.], entered April 9, 2002), dismissed, without costs.

No basis exists to disturb the credibility findings of the Hearing Officer (see Matter ofBerenhaus v Ward, 70 NY2d 436, 443-444 [1987]), and the penalty of dismissal does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]). We have considered petitioner’s other arguments and find them unavailing. Concur — Buckley, P.J., Nardelli, Andrias, Ellerin and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Determination of respon[320]*320dent Police Commissioner, dated May 14, 2001, which dismissed petitioner from his position as a police officer, 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 [Louise Gruner Gans, J.], entered April 9, 2002), dismissed, without costs.

No basis exists to disturb the credibility findings of the Hearing Officer (see Matter ofBerenhaus v Ward, 70 NY2d 436, 443-444 [1987]), and the penalty of dismissal does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]). We have considered petitioner’s other arguments and find them unavailing. Concur — Buckley, P.J., Nardelli, Andrias, Ellerin and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

303 A.D.2d 319, 755 N.Y.S.2d 845, 2003 N.Y. App. Div. LEXIS 3243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angelo-v-kerik-nyappdiv-2003.

Opinion

Related

Cite This Page — Counsel Stack