Garcia v. Kelly

Appellate Division of the Supreme Court of New York

Garcia v. Kelly

5 A.D.3d 206, 772 N.Y.S.2d 816, 2004 N.Y. App. Div. LEXIS 2580

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

DecidedMarch 11, 2004

StatusPublished

This text of 5 A.D.3d 206 (Garcia v. Kelly) 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

Garcia v. Kelly, 5 A.D.3d 206, 772 N.Y.S.2d 816, 2004 N.Y. App. Div. LEXIS 2580 (N.Y. Ct. App. 2004).

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Opinion

Determination of respondent Police Commissioner, dated April 9, 2002, 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 [Robert Lippmann, J.], entered on or about November 27, 2002) dismissed, without costs.

Substantial evidence, including the testimony of a member of the field team working with petitioner in an undercover narcotics operation, established that petitioner engaged in serious misconduct relating to the disposition of drugs recovered in that operation. There is no basis for disturbing respondent’s determinations concerning credibility (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]).

The penalty of dismissal does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]). Concur—Tom, J.P., Mazzarelli, Sullivan, Ellerin and Friedman, JJ.

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Determination of respondent Police Commissioner, dated April 9, 2002, 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 [Robert Lippmann, J.], entered on or about November 27, 2002) dismissed, without costs.

Substantial evidence, including the testimony of a member of the field team working with petitioner in an undercover narcotics operation, established that petitioner engaged in serious misconduct relating to the disposition of drugs recovered in that operation. There is no basis for disturbing respondent’s determinations concerning credibility (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]).

The penalty of dismissal does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]). Concur—Tom, J.P., Mazzarelli, Sullivan, Ellerin and Friedman, JJ.

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Bluebook (online)

5 A.D.3d 206, 772 N.Y.S.2d 816, 2004 N.Y. App. Div. LEXIS 2580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-kelly-nyappdiv-2004.

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