Kissh v. Kerik

Appellate Division of the Supreme Court of New York

Kissh v. Kerik

304 A.D.2d 332, 757 N.Y.S.2d 35, 2003 N.Y. App. Div. LEXIS 3548

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

DecidedApril 3, 2003

StatusPublished

Cited by1 cases

This text of 304 A.D.2d 332 (Kissh v. Kerik) 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

Kissh v. Kerik, 304 A.D.2d 332, 757 N.Y.S.2d 35, 2003 N.Y. App. Div. LEXIS 3548 (N.Y. Ct. App. 2003).

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Opinion

Determination of respondent Commissioner of Police, dated April 2, 2001, which dismissed petitioner from the Police Department of the City of New York, [333]*333unanimously 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 [Joan Madden, J.], entered March 20, 2002), dismissed, without costs.

The determination is supported by substantial evidence (see Matter of Scully v Safir, 282 AD2d 305 [2001]). The Hearing Officer’s credibility findings are virtually “unassailable,” and we may not reweigh the evidence (see e.g. Matter of Velasquez v Kerik, 294 AD2d 242 [2002]). The penalty of dismissal, under the circumstances of this matter in which petitioner was shown to have engaged in illicit off-duty employment, an altercation with a fellow officer and attempted bribery, is not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Harp v New York City Police Dept., 96 NY2d 892, 894 [2001]). Concur — Buckley, P.J., Tom, Rosenberger, Ellerin and Williams, JJ.

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Determination of respondent Commissioner of Police, dated April 2, 2001, which dismissed petitioner from the Police Department of the City of New York, [333]*333unanimously 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 [Joan Madden, J.], entered March 20, 2002), dismissed, without costs.

The determination is supported by substantial evidence (see Matter of Scully v Safir, 282 AD2d 305 [2001]). The Hearing Officer’s credibility findings are virtually “unassailable,” and we may not reweigh the evidence (see e.g. Matter of Velasquez v Kerik, 294 AD2d 242 [2002]). The penalty of dismissal, under the circumstances of this matter in which petitioner was shown to have engaged in illicit off-duty employment, an altercation with a fellow officer and attempted bribery, is not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Harp v New York City Police Dept., 96 NY2d 892, 894 [2001]). Concur — Buckley, P.J., Tom, Rosenberger, Ellerin and Williams, JJ.

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Bluebook (online)

304 A.D.2d 332, 757 N.Y.S.2d 35, 2003 N.Y. App. Div. LEXIS 3548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kissh-v-kerik-nyappdiv-2003.

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