McKernan v. Kelly

Appellate Division of the Supreme Court of New York

McKernan v. Kelly

216 A.D.2d 17, 627 N.Y.S.2d 634, 1995 N.Y. App. Div. LEXIS 6027

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

DecidedJune 6, 1995

StatusPublished

Cited by1 cases

This text of 216 A.D.2d 17 (McKernan 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

McKernan v. Kelly, 216 A.D.2d 17, 627 N.Y.S.2d 634, 1995 N.Y. App. Div. LEXIS 6027 (N.Y. Ct. App. 1995).

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Opinion

—Determination of respondent Police Commissioner dated November 23, 1993, suspending petitioner from his duties as a police officer for 30 days and placing him on disciplinary probation for 1 year, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Angela Mazzarelli, J.], entered on or about April 12, 1994) dismissed without costs and without disbursements.

[18]*18Substantial evidence supports respondents’ determination that petitioner wrongfully pointed his firearm at two civilians without just cause, placing them in fear of imminent danger (Matter of Pell v Board of Educ., 34 NY2d 222), and the penalty imposed was not disproportionate to the offense (supra, at 232-235). Concur—Sullivan, J. P., Rosenberger, Wallach and Ross, JJ.

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—Determination of respondent Police Commissioner dated November 23, 1993, suspending petitioner from his duties as a police officer for 30 days and placing him on disciplinary probation for 1 year, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Angela Mazzarelli, J.], entered on or about April 12, 1994) dismissed without costs and without disbursements.

[18]*18Substantial evidence supports respondents’ determination that petitioner wrongfully pointed his firearm at two civilians without just cause, placing them in fear of imminent danger (Matter of Pell v Board of Educ., 34 NY2d 222), and the penalty imposed was not disproportionate to the offense (supra, at 232-235). Concur—Sullivan, J. P., Rosenberger, Wallach and Ross, JJ.

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Bluebook (online)

216 A.D.2d 17, 627 N.Y.S.2d 634, 1995 N.Y. App. Div. LEXIS 6027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckernan-v-kelly-nyappdiv-1995.

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