Magni v. Safir

Appellate Division of the Supreme Court of New York

Magni v. Safir

289 A.D.2d 96, 735 N.Y.S.2d 19, 2001 N.Y. App. Div. LEXIS 12104

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

DecidedDecember 13, 2001

StatusPublished

This text of 289 A.D.2d 96 (Magni 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

Magni v. Safir, 289 A.D.2d 96, 735 N.Y.S.2d 19, 2001 N.Y. App. Div. LEXIS 12104 (N.Y. Ct. App. 2001).

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Opinion

Determination of respondent Police Commissioner, dated May 3, 2000, 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 [Bruce Allen, J.], entered November 16, 2000), dismissed, without costs.

The findings that petitioner used excessive force against a motorist while directing traffic and knowingly made false statements at a departmental hearing are supported by substantial evidence, including the testimony of the complaining witnesses and disinterested eyewitnesses. 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 (see, Matter of Pell v Board of Educ., 34 NY2d 222, 237). Concur — Wallach, J. P., Lerner, Rubin, Buckley and Friedman, JJ.

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Determination of respondent Police Commissioner, dated May 3, 2000, 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 [Bruce Allen, J.], entered November 16, 2000), dismissed, without costs.

The findings that petitioner used excessive force against a motorist while directing traffic and knowingly made false statements at a departmental hearing are supported by substantial evidence, including the testimony of the complaining witnesses and disinterested eyewitnesses. 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 (see, Matter of Pell v Board of Educ., 34 NY2d 222, 237). Concur — Wallach, J. P., Lerner, Rubin, Buckley and Friedman, JJ.

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Bluebook (online)

289 A.D.2d 96, 735 N.Y.S.2d 19, 2001 N.Y. App. Div. LEXIS 12104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/magni-v-safir-nyappdiv-2001.

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