Kalaba v. Safir

Appellate Division of the Supreme Court of New York

Kalaba v. Safir

268 A.D.2d 281, 701 N.Y.S.2d 383, 2000 N.Y. App. Div. LEXIS 354

Appellate Division of the Supreme Court of the State of New York·Decided January 13, 2000·Published

Opinion

—Determination of respondent Police Commissioner, dated April 8, 1998, 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 [Robert Lippman, J.], entered on or about December 17, 1998) dismissed, without costs.

Respondent’s findings that petitioner, while off duty, menaced a bus driver with a gun, and approximately a month later was involved in a verbal and physical altercation with traffic enforcement agents who were ticketing a car, during which petitioner injured the agents, were necessarily based on witness credibility, and are not subject to judicial review (see, Matter of Pesante v Abate, 211 AD2d 504). The penalty does not shock our sense of fairness. Concur—Rosenberger, J. P., Mazzarelli, Wallach and Saxe, JJ.

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—Determination of respondent Police Commissioner, dated April 8, 1998, 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 [Robert Lippman, J.], entered on or about December 17, 1998) dismissed, without costs.

Respondent’s findings that petitioner, while off duty, menaced a bus driver with a gun, and approximately a month later was involved in a verbal and physical altercation with traffic enforcement agents who were ticketing a car, during which petitioner injured the agents, were necessarily based on witness credibility, and are not subject to judicial review (see, Matter of Pesante v Abate, 211 AD2d 504). The penalty does not shock our sense of fairness. Concur—Rosenberger, J. P., Mazzarelli, Wallach and Saxe, JJ.

Kalaba v. Safir, 268 A.D.2d 281, 701 N.Y.S.2d 383, 2000 N.Y. App. Div. LEXIS 354 (N.Y. Ct. App. 2000).

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Opinion

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