Manfro v. Safir

Appellate Division of the Supreme Court of New York

Manfro v. Safir

289 A.D.2d 19, 733 N.Y.S.2d 605, 2001 N.Y. App. Div. LEXIS 11636

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

DecidedDecember 4, 2001

StatusPublished

This text of 289 A.D.2d 19 (Manfro 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

Manfro v. Safir, 289 A.D.2d 19, 733 N.Y.S.2d 605, 2001 N.Y. App. Div. LEXIS 11636 (N.Y. Ct. App. 2001).

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Opinion

Determination of respondent Police Commissioner, dated November 26, 1999, which dismissed petitioner from his position as a New York City police officer but held his dismissal in abeyance for one year, and suspended petitioner without pay for a period of 30 days, 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, JJ, entered August 28, 2000), dismissed, without costs.

Substantial evidence supports respondent Commissioner’s finding that petitioner was absent from his departmental position without leave for two days (see, Matter of Binford v Safir, 270 AD2d 129). The penalty imposed does not shock our sense of fairness, particularly in view of petitioner’s prior disciplinary record (see, Matter of Kelly v Safir, 96 NY2d 32, 39-40). Concur — Rosenberger, J. P., Nardelli, Mazzarelli, Wallach and Marlow, JJ.

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Determination of respondent Police Commissioner, dated November 26, 1999, which dismissed petitioner from his position as a New York City police officer but held his dismissal in abeyance for one year, and suspended petitioner without pay for a period of 30 days, 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, JJ, entered August 28, 2000), dismissed, without costs.

Substantial evidence supports respondent Commissioner’s finding that petitioner was absent from his departmental position without leave for two days (see, Matter of Binford v Safir, 270 AD2d 129). The penalty imposed does not shock our sense of fairness, particularly in view of petitioner’s prior disciplinary record (see, Matter of Kelly v Safir, 96 NY2d 32, 39-40). Concur — Rosenberger, J. P., Nardelli, Mazzarelli, Wallach and Marlow, JJ.

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Bluebook (online)

289 A.D.2d 19, 733 N.Y.S.2d 605, 2001 N.Y. App. Div. LEXIS 11636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manfro-v-safir-nyappdiv-2001.

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