Pulci v. Kelly

Appellate Division of the Supreme Court of New York

Pulci v. Kelly

2 A.D.3d 124, 767 N.Y.S.2d 604, 2003 N.Y. App. Div. LEXIS 12690

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

DecidedDecember 2, 2003

StatusPublished

This text of 2 A.D.3d 124 (Pulci v. Kelly) 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

Pulci v. Kelly, 2 A.D.3d 124, 767 N.Y.S.2d 604, 2003 N.Y. App. Div. LEXIS 12690 (N.Y. Ct. App. 2003).

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Opinion

Determination of respondent Police Commissioner, dated March 23, 2002, which, after an administrative hearing, found petitioner guilty of striking his wife and daughter and causing injury to both, imposed forfeiture of 30 vacation days in addition to 11 days suspension without pay, and placed petitioner on dismissal probation for one year, unanimously confirmed, the petition denied, and the proceeding (transferred to this Court by order of Supreme Court, New York County [Joan Madden, J.], entered August 26, 2002) dismissed, without costs.

The administrative determination is supported by substantial evidence—particularly, the testimony of two responding police officers and the transcript of a police interview with petitioner’s wife (Matter of Wagner v Kerik, 298 AD2d 322 [2002]). The penalty imposed does not shock our sense of fairness (id.). Concur—Nardelli, J.P., Mazzarelli, Rosenberger, Lerner and Friedman, JJ.

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Determination of respondent Police Commissioner, dated March 23, 2002, which, after an administrative hearing, found petitioner guilty of striking his wife and daughter and causing injury to both, imposed forfeiture of 30 vacation days in addition to 11 days suspension without pay, and placed petitioner on dismissal probation for one year, unanimously confirmed, the petition denied, and the proceeding (transferred to this Court by order of Supreme Court, New York County [Joan Madden, J.], entered August 26, 2002) dismissed, without costs.

The administrative determination is supported by substantial evidence—particularly, the testimony of two responding police officers and the transcript of a police interview with petitioner’s wife (Matter of Wagner v Kerik, 298 AD2d 322 [2002]). The penalty imposed does not shock our sense of fairness (id.). Concur—Nardelli, J.P., Mazzarelli, Rosenberger, Lerner and Friedman, JJ.

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Bluebook (online)

2 A.D.3d 124, 767 N.Y.S.2d 604, 2003 N.Y. App. Div. LEXIS 12690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pulci-v-kelly-nyappdiv-2003.

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