Paulin v. City of New York

Appellate Division of the Supreme Court of New York

Paulin v. City of New York

288 A.D.2d 153, 733 N.Y.S.2d 349, 2001 N.Y. App. Div. LEXIS 11551

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

DecidedNovember 29, 2001

StatusPublished

This text of 288 A.D.2d 153 (Paulin v. City of New York) 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

Paulin v. City of New York, 288 A.D.2d 153, 733 N.Y.S.2d 349, 2001 N.Y. App. Div. LEXIS 11551 (N.Y. Ct. App. 2001).

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Opinion

—Determination of respondent Police Commissioner, dated February 23, 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 [Bruce Allen, JJ, entered December 11, 2000), dismissed, without costs.

Respondent’s finding that petitioner stole merchandise from a store is supported by substantial evidence, including a videotape of the incident. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, [154]*15470 NY2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness. Concur — Mazzarelli, J. P., Andrias, Ellerin, Buckley and Marlow, JJ.

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—Determination of respondent Police Commissioner, dated February 23, 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 [Bruce Allen, JJ, entered December 11, 2000), dismissed, without costs.

Respondent’s finding that petitioner stole merchandise from a store is supported by substantial evidence, including a videotape of the incident. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, [154]*15470 NY2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness. Concur — Mazzarelli, J. P., Andrias, Ellerin, Buckley and Marlow, JJ.

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Bluebook (online)

288 A.D.2d 153, 733 N.Y.S.2d 349, 2001 N.Y. App. Div. LEXIS 11551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paulin-v-city-of-new-york-nyappdiv-2001.

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