Matter of McCloud v. Kelly

Appellate Division of the Supreme Court of New York

Matter of McCloud v. Kelly

127 A.D.3d 456, 4 N.Y.S.3d 524

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

DecidedApril 9, 2015

Docket14779 101074/13

StatusPublished

This text of 127 A.D.3d 456 (Matter of McCloud v. Kelly) 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

Matter of McCloud v. Kelly, 127 A.D.3d 456, 4 N.Y.S.3d 524 (N.Y. Ct. App. 2015).

Pincite

Opinion

Determination of respondents, dated June 12, 2013, which found petitioner guilty of various disciplinary charges and dismissed him from employment 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 Supreme Court, New York County [Joan B. Lobis, J.], entered December 19, 2013), dismissed, without costs.

Substantial evidence supports the findings that petitioner *457 engaged in misconduct in two separate incidents, and that he gave false statements to the Civilian Complaint Review Board, which investigated one of the incidents (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). Petitioner also admitted that he failed to properly secure his off-duty firearm, and that he was in possession of an unregistered weapon belonging to his brother. There exists no basis to disturb the credibility determinations of the Assistant Deputy Commissioner of Trials (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]).

The penalty imposed does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]).

Concur— Gonzalez, P.J., Mazzarelli, Saxe, Manzanet-Daniels and Clark, JJ.

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

Determination of respondents, dated June 12, 2013, which found petitioner guilty of various disciplinary charges and dismissed him from employment 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 Supreme Court, New York County [Joan B. Lobis, J.], entered December 19, 2013), dismissed, without costs.

Substantial evidence supports the findings that petitioner *457 engaged in misconduct in two separate incidents, and that he gave false statements to the Civilian Complaint Review Board, which investigated one of the incidents (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). Petitioner also admitted that he failed to properly secure his off-duty firearm, and that he was in possession of an unregistered weapon belonging to his brother. There exists no basis to disturb the credibility determinations of the Assistant Deputy Commissioner of Trials (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]).

The penalty imposed does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]).

Concur— Gonzalez, P.J., Mazzarelli, Saxe, Manzanet-Daniels and Clark, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

127 A.D.3d 456, 4 N.Y.S.3d 524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-mccloud-v-kelly-nyappdiv-2015.

Opinion

Related

Cite This Page — Counsel Stack