Kobel v. Safir

Appellate Division of the Supreme Court of New York

Kobel v. Safir

254 A.D.2d 72, 678 N.Y.S.2d 494, 1998 N.Y. App. Div. LEXIS 10174

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

DecidedOctober 8, 1998

StatusPublished

This text of 254 A.D.2d 72 (Kobel 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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Kobel v. Safir, 254 A.D.2d 72, 678 N.Y.S.2d 494, 1998 N.Y. App. Div. LEXIS 10174 (N.Y. Ct. App. 1998).

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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 [Robert Lippmann, J.], entered June 12, 1997), dismissed, without costs.

Substantial evidence supports respondent’s determination that petitioner failed to intervene in an assault on an off-duty member of the Police Department, which he knew was going to occur and observed in progress. No basis exists to disturb respondent’s findings on credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). Concur — Ellerin, J. P., Williams, Mazzarelli and Andrias, JJ.

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—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 [Robert Lippmann, J.], entered June 12, 1997), dismissed, without costs.

Substantial evidence supports respondent’s determination that petitioner failed to intervene in an assault on an off-duty member of the Police Department, which he knew was going to occur and observed in progress. No basis exists to disturb respondent’s findings on credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). Concur — Ellerin, J. P., Williams, Mazzarelli and Andrias, JJ.

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254 A.D.2d 72, 678 N.Y.S.2d 494, 1998 N.Y. App. Div. LEXIS 10174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kobel-v-safir-nyappdiv-1998.

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