Losada v. Safir

Appellate Division of the Supreme Court of New York

Losada v. Safir

278 A.D.2d 59, 717 N.Y.S.2d 568, 2000 N.Y. App. Div. LEXIS 13048

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

DecidedDecember 12, 2000

StatusPublished

This text of 278 A.D.2d 59 (Losada 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

Losada v. Safir, 278 A.D.2d 59, 717 N.Y.S.2d 568, 2000 N.Y. App. Div. LEXIS 13048 (N.Y. Ct. App. 2000).

Pincite

Opinion

Determination of respondent Police Commissioner dated on or about February 19, 1999, which dismissed 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 Braun, J.], entered October 20, 1999), dismissed, without costs.

Substantial evidence supports respondent’s findings that petitioner, while off-duty, was in a traffic-related altercation during which he wrongfully punched and kicked the driver of the other vehicle, causing him physical injury, and that petitioner filed a criminal complaint regarding the incident that falsely portrayed the other driver as the aggressor, causing his detention. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness, particularly given that this was petitioner’s second adjudication of violent misconduct within 16 months. Concur — Tom, J. P., Ellerin, Wallach, Rubin and Saxe, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Determination of respondent Police Commissioner dated on or about February 19, 1999, which dismissed 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 Braun, J.], entered October 20, 1999), dismissed, without costs.

Substantial evidence supports respondent’s findings that petitioner, while off-duty, was in a traffic-related altercation during which he wrongfully punched and kicked the driver of the other vehicle, causing him physical injury, and that petitioner filed a criminal complaint regarding the incident that falsely portrayed the other driver as the aggressor, causing his detention. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness, particularly given that this was petitioner’s second adjudication of violent misconduct within 16 months. Concur — Tom, J. P., Ellerin, Wallach, Rubin and Saxe, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

278 A.D.2d 59, 717 N.Y.S.2d 568, 2000 N.Y. App. Div. LEXIS 13048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/losada-v-safir-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack