McKean v. Ward

Appellate Division of the Supreme Court of New York

McKean v. Ward

167 A.D.2d 117, 561 N.Y.S.2d 205, 1990 N.Y. App. Div. LEXIS 13016

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

DecidedNovember 1, 1990

StatusPublished

This text of 167 A.D.2d 117 (McKean v. Ward) 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

McKean v. Ward, 167 A.D.2d 117, 561 N.Y.S.2d 205, 1990 N.Y. App. Div. LEXIS 13016 (N.Y. Ct. App. 1990).

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Opinion

Determination of the respondent Police Commissioner, dated January 23, 1989, which suspended petitioners for 30 days and placed them on one year’s probation, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this court by order of Sup Ct, NY County [Stanley Sklar, J.], entered July 10, 1989) is unanimously dismissed, without costs and without disbursements.

The administrative determination was supported by substantial evidence. The officers were found guilty of various charges of misconduct following a traffic accident, where the officers failed to notify a supervisor that an off-duty housing officer was involved in the accident, failed to safeguard the civilians involved in the accident who were assaulted and verbally abused by a crowd which had gathered, and failed to properly investigate and document the occurrence. Although the hearing testimony was conflicting, the Hearing Officer found the testimony presented on behalf of the respondents was more credible. It is for the administrative agency to determine the credibility of witnesses, to weigh the evidence and to draw inferences therefrom (Irvington Enters. v Duffy, 155 AD2d 335). Concur—Murphy, P. J., Carro, Rosenberger and Smith, JJ.

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Determination of the respondent Police Commissioner, dated January 23, 1989, which suspended petitioners for 30 days and placed them on one year’s probation, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this court by order of Sup Ct, NY County [Stanley Sklar, J.], entered July 10, 1989) is unanimously dismissed, without costs and without disbursements.

The administrative determination was supported by substantial evidence. The officers were found guilty of various charges of misconduct following a traffic accident, where the officers failed to notify a supervisor that an off-duty housing officer was involved in the accident, failed to safeguard the civilians involved in the accident who were assaulted and verbally abused by a crowd which had gathered, and failed to properly investigate and document the occurrence. Although the hearing testimony was conflicting, the Hearing Officer found the testimony presented on behalf of the respondents was more credible. It is for the administrative agency to determine the credibility of witnesses, to weigh the evidence and to draw inferences therefrom (Irvington Enters. v Duffy, 155 AD2d 335). Concur—Murphy, P. J., Carro, Rosenberger and Smith, JJ.

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Bluebook (online)

167 A.D.2d 117, 561 N.Y.S.2d 205, 1990 N.Y. App. Div. LEXIS 13016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckean-v-ward-nyappdiv-1990.

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