Hogan v. Bratton

Appellate Division of the Supreme Court of New York

Hogan v. Bratton

254 A.D.2d 110, 678 N.Y.S.2d 262, 1998 N.Y. App. Div. LEXIS 10869

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

DecidedOctober 15, 1998

StatusPublished

This text of 254 A.D.2d 110 (Hogan v. Bratton) 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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Hogan v. Bratton, 254 A.D.2d 110, 678 N.Y.S.2d 262, 1998 N.Y. App. Div. LEXIS 10869 (N.Y. Ct. App. 1998).

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Opinion

Determination of respondent Police Commissioner dated March 28, 1996, which suspended petitioner without pay for 20 days upon findings that petitioner wrongfully and without just cause harassed and threatened one of his neighbors, 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 [Herman Cahn, J.], entered January 17, 1997) dismissed, without costs.

[111]*111Substantial evidence, including the testimony of petitioner’s neighbor, supports respondent’s findings that petitioner warned the neighbor to “watch her back” and used racial slurs while in a tirade, findings that turned on witness credibility and are largely unreviewable by the courts (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty, which expressly took into account petitioner’s otherwise good service record, does not shock our sense of fairness (see, Matter of Alfieri v Murphy, 38 NY2d 976, 977; Matter of Kilroy v Brown, 190 AD2d 530). Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

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Determination of respondent Police Commissioner dated March 28, 1996, which suspended petitioner without pay for 20 days upon findings that petitioner wrongfully and without just cause harassed and threatened one of his neighbors, 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 [Herman Cahn, J.], entered January 17, 1997) dismissed, without costs.

[111]*111Substantial evidence, including the testimony of petitioner’s neighbor, supports respondent’s findings that petitioner warned the neighbor to “watch her back” and used racial slurs while in a tirade, findings that turned on witness credibility and are largely unreviewable by the courts (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty, which expressly took into account petitioner’s otherwise good service record, does not shock our sense of fairness (see, Matter of Alfieri v Murphy, 38 NY2d 976, 977; Matter of Kilroy v Brown, 190 AD2d 530). Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

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Bluebook (online)

254 A.D.2d 110, 678 N.Y.S.2d 262, 1998 N.Y. App. Div. LEXIS 10869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hogan-v-bratton-nyappdiv-1998.

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