Giordano v. Brown

Appellate Division of the Supreme Court of New York

Giordano v. Brown

182 A.D.2d 582

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

DecidedApril 28, 1992

StatusPublished

Cited by2 cases

This text of 182 A.D.2d 582 (Giordano v. Brown) 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

Giordano v. Brown, 182 A.D.2d 582 (N.Y. Ct. App. 1992).

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Opinion

Determination of the respondent Police Commissioner dated November 29, 1989, which, dismissed petitioner from his position as a police officer, is [583]*583unanimously 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 [Carol E. Huff, J.], entered April 3, 1991) is dismissed, without costs or disbursements.

Respondent’s determination that petitioner participated in an attempt to defraud an auto insurance carrier is supported by substantial evidence, petitioner’s argument to the contrary entailing an impermissible review of the facts as to the weight of the evidence (Matter of Pell v Board of Educ., 34 NY2d 222, 230-331). Petitioner’s previously unblemished record does not warrant setting aside the penalty of dismissal (see, Matter of Ansbro v McGuire, 49 NY2d 872; Trotta v Ward, 77 NY2d 827, 828). Concur — Milonas, J. P., Rosenberger, Ellerin and Asch, JJ.

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Determination of the respondent Police Commissioner dated November 29, 1989, which, dismissed petitioner from his position as a police officer, is [583]*583unanimously 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 [Carol E. Huff, J.], entered April 3, 1991) is dismissed, without costs or disbursements.

Respondent’s determination that petitioner participated in an attempt to defraud an auto insurance carrier is supported by substantial evidence, petitioner’s argument to the contrary entailing an impermissible review of the facts as to the weight of the evidence (Matter of Pell v Board of Educ., 34 NY2d 222, 230-331). Petitioner’s previously unblemished record does not warrant setting aside the penalty of dismissal (see, Matter of Ansbro v McGuire, 49 NY2d 872; Trotta v Ward, 77 NY2d 827, 828). Concur — Milonas, J. P., Rosenberger, Ellerin and Asch, JJ.

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Bluebook (online)

182 A.D.2d 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giordano-v-brown-nyappdiv-1992.

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