Foy v. Safir

Appellate Division of the Supreme Court of New York

Foy v. Safir

277 A.D.2d 169, 717 N.Y.S.2d 126, 2000 N.Y. App. Div. LEXIS 12403

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

DecidedNovember 30, 2000

StatusPublished

This text of 277 A.D.2d 169 (Foy 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

Foy v. Safir, 277 A.D.2d 169, 717 N.Y.S.2d 126, 2000 N.Y. App. Div. LEXIS 12403 (N.Y. Ct. App. 2000).

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Opinion

—Determination of respondent Police Commissioner dated April 6, 1999, which dismissed 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 [Walter Tolub, J.], entered November 3, 1999), dismissed, without costs.

Substantial evidence supports respondent’s finding that petitioner gave false information to another police officer knowing that the latter would rely on and incorporate such information in a felony complaint to be filed in Criminal Court. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). Notwithstanding petitioner’s otherwise unblemished record, the penalty of dismissal does not shock our sense of fairness (see, Matter of Richardson v Ward, 159 AD2d 277). Concur — Sullivan, P. J., Nardelli, Ellerin, Lerner and Friedman, JJ.

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—Determination of respondent Police Commissioner dated April 6, 1999, which dismissed 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 [Walter Tolub, J.], entered November 3, 1999), dismissed, without costs.

Substantial evidence supports respondent’s finding that petitioner gave false information to another police officer knowing that the latter would rely on and incorporate such information in a felony complaint to be filed in Criminal Court. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). Notwithstanding petitioner’s otherwise unblemished record, the penalty of dismissal does not shock our sense of fairness (see, Matter of Richardson v Ward, 159 AD2d 277). Concur — Sullivan, P. J., Nardelli, Ellerin, Lerner and Friedman, JJ.

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Bluebook (online)

277 A.D.2d 169, 717 N.Y.S.2d 126, 2000 N.Y. App. Div. LEXIS 12403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foy-v-safir-nyappdiv-2000.

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