Ortiz v. Safir

Appellate Division of the Supreme Court of New York

Ortiz v. Safir

291 A.D.2d 214, 737 N.Y.S.2d 278, 2002 N.Y. App. Div. LEXIS 1441

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

DecidedFebruary 5, 2002

StatusPublished

Cited by1 cases

This text of 291 A.D.2d 214 (Ortiz 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

Ortiz v. Safir, 291 A.D.2d 214, 737 N.Y.S.2d 278, 2002 N.Y. App. Div. LEXIS 1441 (N.Y. Ct. App. 2002).

Pincite

Opinion

—Determination of respondent Police Commissioner, dated February 3, 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 [Walter Tolub, J.], entered September 16, 1998), dismissed, without costs.

The penalty of dismissal, which was based upon findings that petitioner, while effecting an arrest for disorderly conduct, manhandled an unthreatening, nonresistant arrestee, shoved him down a subway stairway, flung his passport into his face, charged him with resisting arrest without probable cause and made false statements about the incident to the Civilian Complaint Review. Board, does not shock our sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222, 233; Matter of Berenhaus v Ward, 70 NY2d 436, 445). No basis exists to disturb respondent’s findings as to credibility (see, Matter of Berenhaus v Ward, id. at 443-444). Concur — Mazzarelli, J.P., Saxe, Sullivan, Wallach and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Determination of respondent Police Commissioner, dated February 3, 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 [Walter Tolub, J.], entered September 16, 1998), dismissed, without costs.

The penalty of dismissal, which was based upon findings that petitioner, while effecting an arrest for disorderly conduct, manhandled an unthreatening, nonresistant arrestee, shoved him down a subway stairway, flung his passport into his face, charged him with resisting arrest without probable cause and made false statements about the incident to the Civilian Complaint Review. Board, does not shock our sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222, 233; Matter of Berenhaus v Ward, 70 NY2d 436, 445). No basis exists to disturb respondent’s findings as to credibility (see, Matter of Berenhaus v Ward, id. at 443-444). Concur — Mazzarelli, J.P., Saxe, Sullivan, Wallach and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

291 A.D.2d 214, 737 N.Y.S.2d 278, 2002 N.Y. App. Div. LEXIS 1441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ortiz-v-safir-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack