Driscoll v. Safir

Appellate Division of the Supreme Court of New York

Driscoll v. Safir

284 A.D.2d 106, 725 N.Y.S.2d 546, 2001 N.Y. App. Div. LEXIS 5658

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

DecidedJune 5, 2001

StatusPublished

This text of 284 A.D.2d 106 (Driscoll 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

Driscoll v. Safir, 284 A.D.2d 106, 725 N.Y.S.2d 546, 2001 N.Y. App. Div. LEXIS 5658 (N.Y. Ct. App. 2001).

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Opinion

—Determination of respondent Police Commissioner, dated February 17, 2000, directing that petitioner forfeit 15 vacation 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 [William McCooe, J.], entered August 29, 2000), dismissed, without costs.

Substantial evidence supports respondent’s determination that petitioner attempted to coerce a detainee not to file a complaint with the Civilian Complaint Review Board. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty imposed does not shock our sense of fairness notwithstanding petitioner’s otherwise unblemished record (see, id., at 445; cf., Matter of Kelly v Safir, 96 NY2d 32, 39-40). Concur — Sullivan, P. J., Rosenberger, Ellerin, Wallach and Marlow, JJ.

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—Determination of respondent Police Commissioner, dated February 17, 2000, directing that petitioner forfeit 15 vacation 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 [William McCooe, J.], entered August 29, 2000), dismissed, without costs.

Substantial evidence supports respondent’s determination that petitioner attempted to coerce a detainee not to file a complaint with the Civilian Complaint Review Board. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty imposed does not shock our sense of fairness notwithstanding petitioner’s otherwise unblemished record (see, id., at 445; cf., Matter of Kelly v Safir, 96 NY2d 32, 39-40). Concur — Sullivan, P. J., Rosenberger, Ellerin, Wallach and Marlow, JJ.

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Bluebook (online)

284 A.D.2d 106, 725 N.Y.S.2d 546, 2001 N.Y. App. Div. LEXIS 5658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/driscoll-v-safir-nyappdiv-2001.

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