Goodman v. Safir

Appellate Division of the Supreme Court of New York

Goodman v. Safir

259 A.D.2d 344, 687 N.Y.S.2d 36, 1999 N.Y. App. Div. LEXIS 2997

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

DecidedMarch 16, 1999

StatusPublished

This text of 259 A.D.2d 344 (Goodman 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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Goodman v. Safir, 259 A.D.2d 344, 687 N.Y.S.2d 36, 1999 N.Y. App. Div. LEXIS 2997 (N.Y. Ct. App. 1999).

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Opinion

Determination of respondent Police Commissioner dated August 8, 1997, 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 [Diane Lebedeff, J.], entered January 20, 1998) dismissed, without costs.

Respondent’s finding that petitioner had on three occasions engaged in unlawful searches in violation of US Constitution [345]*345Fourth Amendment is supported by substantial evidence, notwithstanding that three of the witnesses against petitioner were corrupt former police officers (see, Matter of Berenhaus v Ward, 70 NY2d 436). We see no reason to disturb respondent’s credibility findings rejecting petitioner’s version of the events (see, supra, at 443-444). The penalty of dismissal does not shock our sense of fairness (see, supra, at 445; Trotta v Ward, 77 NY2d 827; Matter of Purdy v Kreisberg, 47 NY2d 354, 360). Concur — Sullivan, J. P., Rosenberger, Tom and Lerner, JJ.

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Determination of respondent Police Commissioner dated August 8, 1997, 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 [Diane Lebedeff, J.], entered January 20, 1998) dismissed, without costs.

Respondent’s finding that petitioner had on three occasions engaged in unlawful searches in violation of US Constitution [345]*345Fourth Amendment is supported by substantial evidence, notwithstanding that three of the witnesses against petitioner were corrupt former police officers (see, Matter of Berenhaus v Ward, 70 NY2d 436). We see no reason to disturb respondent’s credibility findings rejecting petitioner’s version of the events (see, supra, at 443-444). The penalty of dismissal does not shock our sense of fairness (see, supra, at 445; Trotta v Ward, 77 NY2d 827; Matter of Purdy v Kreisberg, 47 NY2d 354, 360). Concur — Sullivan, J. P., Rosenberger, Tom and Lerner, JJ.

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Bluebook (online)

259 A.D.2d 344, 687 N.Y.S.2d 36, 1999 N.Y. App. Div. LEXIS 2997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodman-v-safir-nyappdiv-1999.

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