Bernardini v. Port of New York Authority

Appellate Division of the Supreme Court of New York

Bernardini v. Port of New York Authority

41 A.D.2d 910, 343 N.Y.S.2d 489, 1973 N.Y. App. Div. LEXIS 4519

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

DecidedMay 8, 1973

StatusPublished

This text of 41 A.D.2d 910 (Bernardini v. Port of New York Authority) 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

Bernardini v. Port of New York Authority, 41 A.D.2d 910, 343 N.Y.S.2d 489, 1973 N.Y. App. Div. LEXIS 4519 (N.Y. Ct. App. 1973).

Pincite

Opinion

Order and judgment (one paper), Supreme Court, New York County, entered in this article 78 proceeding on August 9, 1972, unanimously modified, on the law, without costs and without disbursements, to the extent of reinstating respondent’s determination and dismissing the petition, and otherwise affirmed. There is ample evidence in the record to support the finding that petitioner, a Port Authority police officer for but 14 months, provoked an off-duty altercation during which he unjustifiably employed a weapon or weapons which had been entrusted to him in his official capacity. Respondent’s determination that petitioner be removed from his police position and be offered a nonpolice position, did not constitute an abuse of discretion, and, under the circumstances, was appropriate. Concur — Stevens, P. J., Markewich, Murphy, Steuer and Capozzoli, JJ.

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Order and judgment (one paper), Supreme Court, New York County, entered in this article 78 proceeding on August 9, 1972, unanimously modified, on the law, without costs and without disbursements, to the extent of reinstating respondent’s determination and dismissing the petition, and otherwise affirmed. There is ample evidence in the record to support the finding that petitioner, a Port Authority police officer for but 14 months, provoked an off-duty altercation during which he unjustifiably employed a weapon or weapons which had been entrusted to him in his official capacity. Respondent’s determination that petitioner be removed from his police position and be offered a nonpolice position, did not constitute an abuse of discretion, and, under the circumstances, was appropriate. Concur — Stevens, P. J., Markewich, Murphy, Steuer and Capozzoli, JJ.

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Bluebook (online)

41 A.D.2d 910, 343 N.Y.S.2d 489, 1973 N.Y. App. Div. LEXIS 4519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernardini-v-port-of-new-york-authority-nyappdiv-1973.