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

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

DecidedFebruary 4, 2016

Docket139 100081/14

StatusPublished

This text of 136 A.D.3d 443 (Matter of Tonry 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.

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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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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.

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136 A.D.3d 443, 23 N.Y.S.3d 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-tonry-v-bratton-nyappdiv-2016.

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