McGaughey v. Safir

Appellate Division of the Supreme Court of New York

McGaughey v. Safir

266 A.D.2d 100, 698 N.Y.S.2d 471, 1999 N.Y. App. Div. LEXIS 11650

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

DecidedNovember 18, 1999

StatusPublished

This text of 266 A.D.2d 100 (McGaughey 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

McGaughey v. Safir, 266 A.D.2d 100, 698 N.Y.S.2d 471, 1999 N.Y. App. Div. LEXIS 11650 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Determination of respondent Police Commissioner, dated April 8, 1998, terminating petitioner’s employment as a police officer unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court pursuant to CPLR 7804 [g] by order of the Supreme Court, New York County [Walter Tolub, J.], entered August 25, 1998) dismissed, without costs.

Substantial evidence supports respondent’s findings that, without provocation and as a result of petitioner’s belief that a detective was involved in undercover Internal Affairs investigations, petitioner verbally and physically assaulted the detective, causing injuries to his groin. The penalty of dismissal does not shock our sense of fairness. Concur — Sullivan, J. P., Mazzarelli, Lerner and Buckley, JJ.

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—Determination of respondent Police Commissioner, dated April 8, 1998, terminating petitioner’s employment as a police officer unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court pursuant to CPLR 7804 [g] by order of the Supreme Court, New York County [Walter Tolub, J.], entered August 25, 1998) dismissed, without costs.

Substantial evidence supports respondent’s findings that, without provocation and as a result of petitioner’s belief that a detective was involved in undercover Internal Affairs investigations, petitioner verbally and physically assaulted the detective, causing injuries to his groin. The penalty of dismissal does not shock our sense of fairness. Concur — Sullivan, J. P., Mazzarelli, Lerner and Buckley, JJ.

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Bluebook (online)

266 A.D.2d 100, 698 N.Y.S.2d 471, 1999 N.Y. App. Div. LEXIS 11650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgaughey-v-safir-nyappdiv-1999.