Cannata v. Safir

Appellate Division of the Supreme Court of New York

Cannata v. Safir

269 A.D.2d 327, 703 N.Y.S.2d 177, 2000 N.Y. App. Div. LEXIS 2212

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

DecidedFebruary 29, 2000

StatusPublished

This text of 269 A.D.2d 327 (Cannata 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

Cannata v. Safir, 269 A.D.2d 327, 703 N.Y.S.2d 177, 2000 N.Y. App. Div. LEXIS 2212 (N.Y. Ct. App. 2000).

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Opinion

—Determination of respondent Police Commissioner, dated February 18, 1998, dismissing 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 [Paula Omansky, J.], entered September 18, 1998) dismissed, without costs.

[328]*328Respondent’s findings that petitioner parked illegally and refused to move when asked to do so by a Yonkers police officer, acted in a rude and aggressive manner, made racial remarks about the police officer, and thereafter lied about his conduct during the departmental investigation and trial, were supported by substantial evidence, in particular the testimony of numerous Yonkers police officers. Respondent’s findings that, in a separate incident, petitioner made threatening remarks at a neighborhood meeting and thereafter lied about his conduct during the departmental investigation and trial, were also supported by substantial evidence. No basis exists to disturb respondent’s credibility determinations (see, Matter of Berenhaus v Ward, 70 NY2d 436).

The penalty of dismissal does not shock our sense of fairness. We have considered and rejected petitioner’s remaining arguments. Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Rubin and Andrias, JJ.

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—Determination of respondent Police Commissioner, dated February 18, 1998, dismissing 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 [Paula Omansky, J.], entered September 18, 1998) dismissed, without costs.

[328]*328Respondent’s findings that petitioner parked illegally and refused to move when asked to do so by a Yonkers police officer, acted in a rude and aggressive manner, made racial remarks about the police officer, and thereafter lied about his conduct during the departmental investigation and trial, were supported by substantial evidence, in particular the testimony of numerous Yonkers police officers. Respondent’s findings that, in a separate incident, petitioner made threatening remarks at a neighborhood meeting and thereafter lied about his conduct during the departmental investigation and trial, were also supported by substantial evidence. No basis exists to disturb respondent’s credibility determinations (see, Matter of Berenhaus v Ward, 70 NY2d 436).

The penalty of dismissal does not shock our sense of fairness. We have considered and rejected petitioner’s remaining arguments. Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Rubin and Andrias, JJ.

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Bluebook (online)

269 A.D.2d 327, 703 N.Y.S.2d 177, 2000 N.Y. App. Div. LEXIS 2212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cannata-v-safir-nyappdiv-2000.

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