O'Brien v. Safir

Appellate Division of the Supreme Court of New York

O'Brien v. Safir

254 A.D.2d 223, 679 N.Y.S.2d 55, 1998 N.Y. App. Div. LEXIS 11406

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

DecidedOctober 29, 1998

StatusPublished

This text of 254 A.D.2d 223 (O'Brien 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

O'Brien v. Safir, 254 A.D.2d 223, 679 N.Y.S.2d 55, 1998 N.Y. App. Div. LEXIS 11406 (N.Y. Ct. App. 1998).

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Opinion

Determination of respondent Police Commissioner dated December 11, 1996, placing petitioner police officer on 30-day suspension and dismissal probation for one year, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Frederic Berman, J.], entered August 1, 1997) dismissed, without costs.

[224]*224Respondent’s findings that petitioner instigated an altercation with the complainants and used excessive and unjustified force both before and after arresting them is supported by substantial evidence, in particular, the testimony of the complainants. No basis exists to disturb respondent’s credibility findings (see, Matter of Berenhaus v Ward, 70 NY2d 436,-443-444; Matter of Sadler v Bratton, 219 AD2d 517). Concur— Lemer, P. J., Milonas, Ellerin, Rubin and Williams, JJ.

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Determination of respondent Police Commissioner dated December 11, 1996, placing petitioner police officer on 30-day suspension and dismissal probation for one year, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Frederic Berman, J.], entered August 1, 1997) dismissed, without costs.

[224]*224Respondent’s findings that petitioner instigated an altercation with the complainants and used excessive and unjustified force both before and after arresting them is supported by substantial evidence, in particular, the testimony of the complainants. No basis exists to disturb respondent’s credibility findings (see, Matter of Berenhaus v Ward, 70 NY2d 436,-443-444; Matter of Sadler v Bratton, 219 AD2d 517). Concur— Lemer, P. J., Milonas, Ellerin, Rubin and Williams, JJ.

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Bluebook (online)

254 A.D.2d 223, 679 N.Y.S.2d 55, 1998 N.Y. App. Div. LEXIS 11406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-safir-nyappdiv-1998.

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