Meyer v. Safir

Appellate Division of the Supreme Court of New York

Meyer v. Safir

289 A.D.2d 6, 733 N.Y.S.2d 599, 2001 N.Y. App. Div. LEXIS 11609

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

DecidedDecember 4, 2001

StatusPublished

Cited by1 cases

This text of 289 A.D.2d 6 (Meyer 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

Meyer v. Safir, 289 A.D.2d 6, 733 N.Y.S.2d 599, 2001 N.Y. App. Div. LEXIS 11609 (N.Y. Ct. App. 2001).

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Opinion

Determination of respondent Police Commissioner, dated February 25, 2000, dismissing 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 the Supreme Court, New York County [Joan Madden, J.], entered on or about September 22, 2000), dismissed, without costs.

Substantial evidence, including the testimony of disinterested eyewitnesses, supports respondent’s findings that petitioner’s altercation with a civilian while off duty did not justify petitioner’s firing his service gun at the civilian, causing serious injury to the civilian and endangering persons nearby. No basis exists to disturb respondent’s credibility findings that petitioner had the advantage in the altercation and was not confronted with a threat to his life at the moment he fired his gun (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444; cf., People v Wesley, 76 NY2d 555, 559). Nor was petitioner’s right to challenge the Hearing Officer’s findings prior to respondent Commissioner’s decision (see, Matter of Fogel v Board of Educ., 48 AD2d 925) violated by respondent Police Department’s alleged leak of the Hearing Officer’s report to the press prior to petitioner’s receipt of it and prior to the Commissioner’s decision, where petitioner’s ability to challenge the Hearing Officer’s findings were not in any way adversely affected. The penalty of dismissal does not shock our sense of fairness. Concur — Sullivan, P. J., Williams, Ellerin, Lerner and Saxe, JJ.

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Determination of respondent Police Commissioner, dated February 25, 2000, dismissing 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 the Supreme Court, New York County [Joan Madden, J.], entered on or about September 22, 2000), dismissed, without costs.

Substantial evidence, including the testimony of disinterested eyewitnesses, supports respondent’s findings that petitioner’s altercation with a civilian while off duty did not justify petitioner’s firing his service gun at the civilian, causing serious injury to the civilian and endangering persons nearby. No basis exists to disturb respondent’s credibility findings that petitioner had the advantage in the altercation and was not confronted with a threat to his life at the moment he fired his gun (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444; cf., People v Wesley, 76 NY2d 555, 559). Nor was petitioner’s right to challenge the Hearing Officer’s findings prior to respondent Commissioner’s decision (see, Matter of Fogel v Board of Educ., 48 AD2d 925) violated by respondent Police Department’s alleged leak of the Hearing Officer’s report to the press prior to petitioner’s receipt of it and prior to the Commissioner’s decision, where petitioner’s ability to challenge the Hearing Officer’s findings were not in any way adversely affected. The penalty of dismissal does not shock our sense of fairness. Concur — Sullivan, P. J., Williams, Ellerin, Lerner and Saxe, JJ.

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Bluebook (online)

289 A.D.2d 6, 733 N.Y.S.2d 599, 2001 N.Y. App. Div. LEXIS 11609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-safir-nyappdiv-2001.

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