Kissoon v. Safir

Appellate Division of the Supreme Court of New York

Kissoon v. Safir

273 A.D.2d 180, 711 N.Y.S.2d 722, 2000 N.Y. App. Div. LEXIS 7474

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

DecidedJune 29, 2000

StatusPublished

This text of 273 A.D.2d 180 (Kissoon 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.

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Kissoon v. Safir, 273 A.D.2d 180, 711 N.Y.S.2d 722, 2000 N.Y. App. Div. LEXIS 7474 (N.Y. Ct. App. 2000).

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Opinion

Determination of respondent Police Commissioner, dated August 26, 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, [Sheila Abdus-Salaam, J.], entered June 9, 1999), dismissed, without costs.

Substantial evidence supports respondent’s finding that petitioner, in the course of a traffic-related altercation while off duty, did not accidentally discharge his weapon but, instead, deliberately aimed and fired it at the complainant’s vehicle. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444), or the penalty imposed (see, supra, at 445). Concur — Williams, J. P., Tom, Ellerin, Andrias and Saxe, JJ.

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Determination of respondent Police Commissioner, dated August 26, 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, [Sheila Abdus-Salaam, J.], entered June 9, 1999), dismissed, without costs.

Substantial evidence supports respondent’s finding that petitioner, in the course of a traffic-related altercation while off duty, did not accidentally discharge his weapon but, instead, deliberately aimed and fired it at the complainant’s vehicle. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444), or the penalty imposed (see, supra, at 445). Concur — Williams, J. P., Tom, Ellerin, Andrias and Saxe, JJ.

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Bluebook (online)

273 A.D.2d 180, 711 N.Y.S.2d 722, 2000 N.Y. App. Div. LEXIS 7474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kissoon-v-safir-nyappdiv-2000.

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