Mieles v. Safir

Appellate Division of the Supreme Court of New York

Mieles v. Safir

272 A.D.2d 199, 707 N.Y.S.2d 437, 2000 N.Y. App. Div. LEXIS 5660

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

DecidedMay 18, 2000

StatusPublished

Cited by5 cases

This text of 272 A.D.2d 199 (Mieles 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.

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Mieles v. Safir, 272 A.D.2d 199, 707 N.Y.S.2d 437, 2000 N.Y. App. Div. LEXIS 5660 (N.Y. Ct. App. 2000).

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Opinion

—Determination of respondent Police Commissioner, dated October 16, 1998, 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 [Barbara Kapnick, J.], entered May 12, 1999) dismissed, without costs.

Substantial evidence supports respondent’s findings that petitioner, inter alia, used false pretenses to trick the owner of a broken-down vehicle into giving him the title thereto, removed the vehicle from the street and sold it to a salvage company. No basis exists to disturb the Hearing Officer’s findings of credibility. There is no merit to petitioner’s argument that the charge specifying such “unauthorized exercise of [petitioner’s] official functions,” in violation of section 104-01 (at 3, 4) of the Police Department Patrol Guide’s prohibition against “conduct prejudicial to good order, efficiency or discipline of the department,” was barred by the 18-month Statute of Limitations in Civil Service Law § 75 (4). The misconduct charged also constituted the crime of official misconduct (Penal Law § 195.00 [1]), which is expressly excluded from the time bar of section 75 (4) (see, Matter of McFarland v Abate, 203 [200]*200AD2d 190). Concur — Williams, J. P., Tom, Mazzarelli and Buckley, JJ.

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—Determination of respondent Police Commissioner, dated October 16, 1998, 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 [Barbara Kapnick, J.], entered May 12, 1999) dismissed, without costs.

Substantial evidence supports respondent’s findings that petitioner, inter alia, used false pretenses to trick the owner of a broken-down vehicle into giving him the title thereto, removed the vehicle from the street and sold it to a salvage company. No basis exists to disturb the Hearing Officer’s findings of credibility. There is no merit to petitioner’s argument that the charge specifying such “unauthorized exercise of [petitioner’s] official functions,” in violation of section 104-01 (at 3, 4) of the Police Department Patrol Guide’s prohibition against “conduct prejudicial to good order, efficiency or discipline of the department,” was barred by the 18-month Statute of Limitations in Civil Service Law § 75 (4). The misconduct charged also constituted the crime of official misconduct (Penal Law § 195.00 [1]), which is expressly excluded from the time bar of section 75 (4) (see, Matter of McFarland v Abate, 203 [200]*200AD2d 190). Concur — Williams, J. P., Tom, Mazzarelli and Buckley, JJ.

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Bluebook (online)

272 A.D.2d 199, 707 N.Y.S.2d 437, 2000 N.Y. App. Div. LEXIS 5660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mieles-v-safir-nyappdiv-2000.

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