Matter of Tonry v. Bratton

Appellate Division of the Supreme Court of New York

Matter of Tonry v. Bratton

136 A.D.3d 443, 23 N.Y.S.3d 890

Appellate Division of the Supreme Court of the State of New York·Decided February 4, 2016·No. 139 100081/14·Published

Opinion

— Determination of respondent Police Commissioner of the City of New York, dated September 18, 2013, 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 Supreme Court, New York County [Paul Wooten, J.], entered July 11, 2014), dismissed, without costs.

The determination is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). Such evidence demonstrated that petitioner engaged in numerous acts of misconduct, and there exists no basis to disturb the credibility determinations of the Deputy Commissioner of Trials (see Matter of Berenhaus v Ward, 70 NY2d 436, 443 [1987]).

*444 Under the circumstances presented, the penalty of termination does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]).

Concur — Tom, J.P., Friedman, Sweeny, Acosta and Andrias, JJ.

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— Determination of respondent Police Commissioner of the City of New York, dated September 18, 2013, 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 Supreme Court, New York County [Paul Wooten, J.], entered July 11, 2014), dismissed, without costs.

The determination is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). Such evidence demonstrated that petitioner engaged in numerous acts of misconduct, and there exists no basis to disturb the credibility determinations of the Deputy Commissioner of Trials (see Matter of Berenhaus v Ward, 70 NY2d 436, 443 [1987]).

*444 Under the circumstances presented, the penalty of termination does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]).

Concur — Tom, J.P., Friedman, Sweeny, Acosta and Andrias, JJ.

Matter of Tonry v. Bratton, 136 A.D.3d 443, 23 N.Y.S.3d 890 (N.Y. Ct. App. 2016).

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