Iacono v. New York City Police Department

251 A.D.2d 240, 673 N.Y.S.2d 315, 1998 N.Y. App. Div. LEXIS 7708

Opinion

—Determination of respondent Police Commissioner dated November 13, 1996, dismissing 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 [Stanley Parnéss, J.], entered April 15, 1997), dismissed, without costs.

Substantial evidence supports respondent’s determination that petitioner instigated a civilian’s attack upon an armed, off-duty police officer, thereby jeopardizing lives. No basis exists to disturb respondent’s credibility findings. Concur — Milonas, J. P., Ellerin, Nardelli, Rubin and Andrias, JJ.