Lowe v. Bratton

Appellate Division of the Supreme Court of New York

Lowe v. Bratton

245 A.D.2d 207, 666 N.Y.S.2d 618, 1997 N.Y. App. Div. LEXIS 13322

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

DecidedDecember 23, 1997

StatusPublished

Cited by2 cases

This text of 245 A.D.2d 207 (Lowe v. Bratton) 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

Lowe v. Bratton, 245 A.D.2d 207, 666 N.Y.S.2d 618, 1997 N.Y. App. Div. LEXIS 13322 (N.Y. Ct. App. 1997).

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Opinion

—Determination of respondent Police Commissioner dated October 20, 1995, 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 [Lewis Friedman, J.], entered May 16, 1996) dismissed, without costs.

Respondents’ determination that petitioner made false and misleading statements in the course of an investigation and that he associated with individuals known to the department to be drug dealers is supported by substantial evidence, including testimony, which the Hearing Officer was entitled to credit, from a drug dealer who stated that petitioner purchased drugs from her on a weekly basis. The penalty of dismissal is not shocking to our sense of fairness (Trotta v Ward, 77 NY2d 827). Concur—Ellerin, J. P., Nardelli, Williams, Andrias and Colabella, JJ.

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—Determination of respondent Police Commissioner dated October 20, 1995, 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 [Lewis Friedman, J.], entered May 16, 1996) dismissed, without costs.

Respondents’ determination that petitioner made false and misleading statements in the course of an investigation and that he associated with individuals known to the department to be drug dealers is supported by substantial evidence, including testimony, which the Hearing Officer was entitled to credit, from a drug dealer who stated that petitioner purchased drugs from her on a weekly basis. The penalty of dismissal is not shocking to our sense of fairness (Trotta v Ward, 77 NY2d 827). Concur—Ellerin, J. P., Nardelli, Williams, Andrias and Colabella, JJ.

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Bluebook (online)

245 A.D.2d 207, 666 N.Y.S.2d 618, 1997 N.Y. App. Div. LEXIS 13322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowe-v-bratton-nyappdiv-1997.

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