Castro v. Safir

Appellate Division of the Supreme Court of New York

Castro v. Safir

277 A.D.2d 123, 717 N.Y.S.2d 44, 2000 N.Y. App. Div. LEXIS 12119

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

DecidedNovember 21, 2000

StatusPublished

Cited by2 cases

This text of 277 A.D.2d 123 (Castro 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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Castro v. Safir, 277 A.D.2d 123, 717 N.Y.S.2d 44, 2000 N.Y. App. Div. LEXIS 12119 (N.Y. Ct. App. 2000).

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Opinion

—Determination of respondent Police Commissioner dated December 30, 1998, which dismissed petitioner from his position as a police sergeant, 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 [Franklin Weissberg, JJ, entered July 13, 1999), dismissed, without costs.

Substantial evidence supports respondent’s finding that petitioner’s admitted failure, in his first official departmental interview, to give an accurate account of his role in the matter under investigation was not due to the faulty recollection he claimed in his second interview and in the disciplinary proceeding, but was rather a deliberate falsehood likely intended to protect a fellow officer who was dismissed from the force between petitioner’s two interviews. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness (cf., Matter of Donofrio v City of Rochester, 144 AD2d 1027, 1028-1029). Concur — Rosenberger, J. P., Wallach, Saxe, Buckley and Friedman, JJ.

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—Determination of respondent Police Commissioner dated December 30, 1998, which dismissed petitioner from his position as a police sergeant, 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 [Franklin Weissberg, JJ, entered July 13, 1999), dismissed, without costs.

Substantial evidence supports respondent’s finding that petitioner’s admitted failure, in his first official departmental interview, to give an accurate account of his role in the matter under investigation was not due to the faulty recollection he claimed in his second interview and in the disciplinary proceeding, but was rather a deliberate falsehood likely intended to protect a fellow officer who was dismissed from the force between petitioner’s two interviews. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness (cf., Matter of Donofrio v City of Rochester, 144 AD2d 1027, 1028-1029). Concur — Rosenberger, J. P., Wallach, Saxe, Buckley and Friedman, JJ.

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277 A.D.2d 123, 717 N.Y.S.2d 44, 2000 N.Y. App. Div. LEXIS 12119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castro-v-safir-nyappdiv-2000.

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