Porter v. Suardy

Appellate Division of the Supreme Court of New York

Porter v. Suardy

201 A.D.2d 407, 609 N.Y.S.2d 772

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

DecidedFebruary 22, 1994

StatusPublished

This text of 201 A.D.2d 407 (Porter v. Suardy) 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

Porter v. Suardy, 201 A.D.2d 407, 609 N.Y.S.2d 772 (N.Y. Ct. App. 1994).

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Opinion

Determination of respondent New York City Transit Authority dated March 24, 1992, which dismissed petitioner from his position as a transit police officer, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, Kings County [Gabriel Krausman, JJ, entered November 2, 1992) dismissed, without costs.

Respondents’ finding that petitioner, while off duty, sexually abused a girl under the age of 17 rests on an assessment of credibility by the Hearing Officer, which, like their determination that such misconduct warrants the penalty of dismissal, should not be disturbed by the Court (see, Matter of Castillo v Brown, 181 AD2d 544). We have considered petitioner’s remaining arguments and find them to be meritless. Concur— Sullivan, J. P., Ellerin, Asch and Tom, JJ.

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Determination of respondent New York City Transit Authority dated March 24, 1992, which dismissed petitioner from his position as a transit police officer, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, Kings County [Gabriel Krausman, JJ, entered November 2, 1992) dismissed, without costs.

Respondents’ finding that petitioner, while off duty, sexually abused a girl under the age of 17 rests on an assessment of credibility by the Hearing Officer, which, like their determination that such misconduct warrants the penalty of dismissal, should not be disturbed by the Court (see, Matter of Castillo v Brown, 181 AD2d 544). We have considered petitioner’s remaining arguments and find them to be meritless. Concur— Sullivan, J. P., Ellerin, Asch and Tom, JJ.

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Bluebook (online)

201 A.D.2d 407, 609 N.Y.S.2d 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/porter-v-suardy-nyappdiv-1994.

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