Calhoun v. Safir

Appellate Division of the Supreme Court of New York

Calhoun v. Safir

279 A.D.2d 295, 718 N.Y.S.2d 837, 2001 N.Y. App. Div. LEXIS 91

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

DecidedJanuary 11, 2001

StatusPublished

This text of 279 A.D.2d 295 (Calhoun 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.

Bluebook

Calhoun v. Safir, 279 A.D.2d 295, 718 N.Y.S.2d 837, 2001 N.Y. App. Div. LEXIS 91 (N.Y. Ct. App. 2001).

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Opinion

Determination of respondent Police Commissioner dated April 9, 1999, suspending petitioner from the Police Department for 30 days without pay, time and benefits, 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 [Richard Braun, J.], entered November 15, 1999), dismissed, without costs.

Substantial evidence, namely, the testimony of the complainant, her aunt, sister and a family friend, supports the findings that petitioner used excessive force and racial epithets in apprehending a suspected car thief who turned out to be the 10-year-old complainant. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The 30-day suspension does not shock our sense of fairness and is a minimal penalty in light of the conduct. Concur — Sullivan, P. J., Nardelli, Williams, Mazzarelli and Saxe, JJ.

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Determination of respondent Police Commissioner dated April 9, 1999, suspending petitioner from the Police Department for 30 days without pay, time and benefits, 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 [Richard Braun, J.], entered November 15, 1999), dismissed, without costs.

Substantial evidence, namely, the testimony of the complainant, her aunt, sister and a family friend, supports the findings that petitioner used excessive force and racial epithets in apprehending a suspected car thief who turned out to be the 10-year-old complainant. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The 30-day suspension does not shock our sense of fairness and is a minimal penalty in light of the conduct. Concur — Sullivan, P. J., Nardelli, Williams, Mazzarelli and Saxe, JJ.

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Bluebook (online)

279 A.D.2d 295, 718 N.Y.S.2d 837, 2001 N.Y. App. Div. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calhoun-v-safir-nyappdiv-2001.

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