Caselli v. Safir

Appellate Division of the Supreme Court of New York

Caselli v. Safir

288 A.D.2d 22, 732 N.Y.S.2d 167, 2001 N.Y. App. Div. LEXIS 10189

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

DecidedNovember 1, 2001

StatusPublished

This text of 288 A.D.2d 22 (Caselli 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

Caselli v. Safir, 288 A.D.2d 22, 732 N.Y.S.2d 167, 2001 N.Y. App. Div. LEXIS 10189 (N.Y. Ct. App. 2001).

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Opinion

—Determination of respondent Police Commissioner, dated March 3, 2000, finding petitioner guilty of being discourteous to, and uttering a racial epithet against the complainant, using excessive force to effect an arrest and making an arrest without a reasonable basis for doing so, and imposing a penalty of forfeiture of 30 vacation days and one year dismissal probation, 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 [Joan Madden, J.], entered on or about November 17, 2000), dismissed, without costs.

Respondent’s findings were supported by substantial evidence, including the testimony of the complaining witness. There is no basis upon which to disturb respondent’s determinations concerning credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty imposed does not shock our sense of fairness (see, Matter of Kelly v Safir, 96 NY2d 32). Concur — Nardelli, J. P., Williams, Ellerin, Friedman and Mar-low, JJ.

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—Determination of respondent Police Commissioner, dated March 3, 2000, finding petitioner guilty of being discourteous to, and uttering a racial epithet against the complainant, using excessive force to effect an arrest and making an arrest without a reasonable basis for doing so, and imposing a penalty of forfeiture of 30 vacation days and one year dismissal probation, 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 [Joan Madden, J.], entered on or about November 17, 2000), dismissed, without costs.

Respondent’s findings were supported by substantial evidence, including the testimony of the complaining witness. There is no basis upon which to disturb respondent’s determinations concerning credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty imposed does not shock our sense of fairness (see, Matter of Kelly v Safir, 96 NY2d 32). Concur — Nardelli, J. P., Williams, Ellerin, Friedman and Mar-low, JJ.

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Bluebook (online)

288 A.D.2d 22, 732 N.Y.S.2d 167, 2001 N.Y. App. Div. LEXIS 10189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caselli-v-safir-nyappdiv-2001.

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