Binford v. Safir

Appellate Division of the Supreme Court of New York

Binford v. Safir

270 A.D.2d 129, 706 N.Y.S.2d 305, 2000 N.Y. App. Div. LEXIS 3001

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

DecidedMarch 21, 2000

StatusPublished

Cited by3 cases

This text of 270 A.D.2d 129 (Binford 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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Binford v. Safir, 270 A.D.2d 129, 706 N.Y.S.2d 305, 2000 N.Y. App. Div. LEXIS 3001 (N.Y. Ct. App. 2000).

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Opinion

—Determination of respondent Police Commissioner dated August 31, 1998, finding that petitioner failed and neglected to comply with an order of a superior, officer, and directing that he forfeit 15 vacation days, 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 [William Wetzel, J.], entered March 18, 1999) dismissed, without costs.

Substantial evidence, namely, the testimony of petitioner’s superior officer, supports the finding, essentially one of credibility, that petitioner did not obey the superior officer’s order to leave the radio room (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty imposed does not shock our sense of fairness. Concur — Nardelli, J. P., Tom, Mazzarelli, Andrias and Buckley, JJ.

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—Determination of respondent Police Commissioner dated August 31, 1998, finding that petitioner failed and neglected to comply with an order of a superior, officer, and directing that he forfeit 15 vacation days, 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 [William Wetzel, J.], entered March 18, 1999) dismissed, without costs.

Substantial evidence, namely, the testimony of petitioner’s superior officer, supports the finding, essentially one of credibility, that petitioner did not obey the superior officer’s order to leave the radio room (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty imposed does not shock our sense of fairness. Concur — Nardelli, J. P., Tom, Mazzarelli, Andrias and Buckley, JJ.

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Bluebook (online)

270 A.D.2d 129, 706 N.Y.S.2d 305, 2000 N.Y. App. Div. LEXIS 3001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/binford-v-safir-nyappdiv-2000.

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