Kennedy v. Safir

Appellate Division of the Supreme Court of New York

Kennedy v. Safir

254 A.D.2d 61, 679 N.Y.S.2d 279, 1998 N.Y. App. Div. LEXIS 10162

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

DecidedOctober 8, 1998

StatusPublished

This text of 254 A.D.2d 61 (Kennedy 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.

Bluebook

Kennedy v. Safir, 254 A.D.2d 61, 679 N.Y.S.2d 279, 1998 N.Y. App. Div. LEXIS 10162 (N.Y. Ct. App. 1998).

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Opinion

—Determination of respondent Police Commissioner dated August 29,1996, 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 [Richard Lowe, III, J.], entered July 3, 1997), dismissed, without costs.

Respondents established by substantial and uncontradicted evidence that, in the course of an integrity test, petitioner performed an illegal search and used excessive force in an assault upon an undercover police officer. In light of the proven misconduct, we do not find respondent’s dismissal of petitioner a disproportionate penalty, much less one that shocks our sense of fairness (see, Pell v Board of Educ., 34 NY2d 222, 233). Concur — Sullivan, J. P., Rubin, Tom and Saxe, JJ.

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—Determination of respondent Police Commissioner dated August 29,1996, 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 [Richard Lowe, III, J.], entered July 3, 1997), dismissed, without costs.

Respondents established by substantial and uncontradicted evidence that, in the course of an integrity test, petitioner performed an illegal search and used excessive force in an assault upon an undercover police officer. In light of the proven misconduct, we do not find respondent’s dismissal of petitioner a disproportionate penalty, much less one that shocks our sense of fairness (see, Pell v Board of Educ., 34 NY2d 222, 233). Concur — Sullivan, J. P., Rubin, Tom and Saxe, JJ.

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Bluebook (online)

254 A.D.2d 61, 679 N.Y.S.2d 279, 1998 N.Y. App. Div. LEXIS 10162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennedy-v-safir-nyappdiv-1998.