Quinn v. Brown

Appellate Division of the Supreme Court of New York

Quinn v. Brown

193 A.D.2d 512, 598 N.Y.S.2d 949

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

DecidedMay 20, 1993

StatusPublished

This text of 193 A.D.2d 512 (Quinn v. Brown) 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

Quinn v. Brown, 193 A.D.2d 512, 598 N.Y.S.2d 949 (N.Y. Ct. App. 1993).

Pincite

Opinion

Determination of the respondents, dated September 4, 1991, which suspended petitioners for a period of 8 days and placed them on warning probation for one year, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by an order of the Supreme Court, New York County [Diane Lebedeff, J.], entered February 13, 1992), is dismissed, without costs or disbursements.

Contrary to the petitioners’ claim, the determination of respondents is supported by substantial evidence. Petitioners rely on the failure of the victim and his acquaintances to cooperate in the investigation of the charges, or to testify, and claim that the Administrative Law Judge should not have credited the account of the single witness called by respondents. However, it is well-established that issues of credibility, subject to exceptions not presented here, are for the administrative agency, not the courts, to determine (Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). Concur—Carro, J. P., Milonas, Wallach, Kassal and Nardelli, JJ.

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

Determination of the respondents, dated September 4, 1991, which suspended petitioners for a period of 8 days and placed them on warning probation for one year, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by an order of the Supreme Court, New York County [Diane Lebedeff, J.], entered February 13, 1992), is dismissed, without costs or disbursements.

Contrary to the petitioners’ claim, the determination of respondents is supported by substantial evidence. Petitioners rely on the failure of the victim and his acquaintances to cooperate in the investigation of the charges, or to testify, and claim that the Administrative Law Judge should not have credited the account of the single witness called by respondents. However, it is well-established that issues of credibility, subject to exceptions not presented here, are for the administrative agency, not the courts, to determine (Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). Concur—Carro, J. P., Milonas, Wallach, Kassal and Nardelli, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

193 A.D.2d 512, 598 N.Y.S.2d 949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinn-v-brown-nyappdiv-1993.

Opinion

Related

Cite This Page — Counsel Stack