Nagle v. Bratton

Appellate Division of the Supreme Court of New York

Nagle v. Bratton

245 A.D.2d 122, 665 N.Y.S.2d 886, 1997 N.Y. App. Div. LEXIS 13019

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

DecidedDecember 16, 1997

StatusPublished

Cited by3 cases

This text of 245 A.D.2d 122 (Nagle v. Bratton) 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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Nagle v. Bratton, 245 A.D.2d 122, 665 N.Y.S.2d 886, 1997 N.Y. App. Div. LEXIS 13019 (N.Y. Ct. App. 1997).

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Opinion

—Determination of respondent Police Commissioner, dated October 20, 1995, 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 [Jane Solomon, J.], entered September 4, 1996), dismissed, without costs.

Substantial evidence supports respondent’s findings that petitioner was guilty of failing to remain at the location of a double homicide, failing to identify himself and inform responding officers of his observations, of wrongfully associating with a known criminal, of making false and misleading statements to the Nassau County Police Department in connection with the homicide investigation, and of engaging in off-duty employment without permission or authority to do so. The proceeding was timely commenced upon the lodging of the charges and specifications on or about September 30, 1992 (Civil Service Law § 75 [4]; Matter of Steyer, 70 NY2d 990, 993). The penalty of dismissal was not excessive. Petitioner’s remaining arguments are without merit. Concur—Murphy, P. J., Sullivan, Milonas, Mazzarelli and Andrias, JJ.

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—Determination of respondent Police Commissioner, dated October 20, 1995, 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 [Jane Solomon, J.], entered September 4, 1996), dismissed, without costs.

Substantial evidence supports respondent’s findings that petitioner was guilty of failing to remain at the location of a double homicide, failing to identify himself and inform responding officers of his observations, of wrongfully associating with a known criminal, of making false and misleading statements to the Nassau County Police Department in connection with the homicide investigation, and of engaging in off-duty employment without permission or authority to do so. The proceeding was timely commenced upon the lodging of the charges and specifications on or about September 30, 1992 (Civil Service Law § 75 [4]; Matter of Steyer, 70 NY2d 990, 993). The penalty of dismissal was not excessive. Petitioner’s remaining arguments are without merit. Concur—Murphy, P. J., Sullivan, Milonas, Mazzarelli and Andrias, JJ.

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Bluebook (online)

245 A.D.2d 122, 665 N.Y.S.2d 886, 1997 N.Y. App. Div. LEXIS 13019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nagle-v-bratton-nyappdiv-1997.

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