Dillon v. Safir

Appellate Division of the Supreme Court of New York

Dillon v. Safir

265 A.D.2d 196, 696 N.Y.S.2d 146, 1999 N.Y. App. Div. LEXIS 10294

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

DecidedOctober 14, 1999

StatusPublished

Cited by1 cases

This text of 265 A.D.2d 196 (Dillon 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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Dillon v. Safir, 265 A.D.2d 196, 696 N.Y.S.2d 146, 1999 N.Y. App. Div. LEXIS 10294 (N.Y. Ct. App. 1999).

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Opinion

—Determination of respondent Police Commissioner dated January 5, 1998, placing petitioner on dismissal probation for one year and requiring that he forfeit 30 annual leave 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 [Leland DeGrasse, J.], entered July 31, 1998) dismissed, without costs.

Substantial evidence supports respondent’s determination [197]*197that petitioner used excessive force in arresting respondent’s main witness. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444) or the penalty imposed (see, supra, at 445). Concur— Ellerin, P. J., Rosenberger, Tom, Lerner and Saxe, JJ.

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—Determination of respondent Police Commissioner dated January 5, 1998, placing petitioner on dismissal probation for one year and requiring that he forfeit 30 annual leave 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 [Leland DeGrasse, J.], entered July 31, 1998) dismissed, without costs.

Substantial evidence supports respondent’s determination [197]*197that petitioner used excessive force in arresting respondent’s main witness. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444) or the penalty imposed (see, supra, at 445). Concur— Ellerin, P. J., Rosenberger, Tom, Lerner and Saxe, JJ.

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265 A.D.2d 196, 696 N.Y.S.2d 146, 1999 N.Y. App. Div. LEXIS 10294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dillon-v-safir-nyappdiv-1999.

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