Reyes v. Bratton

Appellate Division of the Supreme Court of New York

Reyes v. Bratton

235 A.D.2d 213, 651 N.Y.S.2d 521, 1997 N.Y. App. Div. LEXIS 44

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

DecidedJanuary 7, 1997

StatusPublished

Cited by1 cases

This text of 235 A.D.2d 213 (Reyes v. Bratton) 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.

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Reyes v. Bratton, 235 A.D.2d 213, 651 N.Y.S.2d 521, 1997 N.Y. App. Div. LEXIS 44 (N.Y. Ct. App. 1997).

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Opinion

Determination of respondent Police Commissioner dated March 6, 1995, which dismissed 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 Schackman, J.], entered October 5, 1995), is dismissed, without costs.

Respondent’s determination that petitioner struck his estranged wife in the head with a gun and handcuffed her against her will to prevent her from seeking help is supported by substantial evidence. Allegations regarding the complainant’s mental history raise issues of credibility which were resolved in administrative proceedings and will not be disturbed by this Court (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of dismissal is not so disproportionate to the offense as to be shocking to this Court’s sense of fairness (Trotta v Ward, 77 NY2d 827). We have considered petitioner’s other contentions and find them to be without merit. Concur—Ellerin, J. P., Wallach, Williams, Tom and Andrias, JJ.

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Determination of respondent Police Commissioner dated March 6, 1995, which dismissed 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 Schackman, J.], entered October 5, 1995), is dismissed, without costs.

Respondent’s determination that petitioner struck his estranged wife in the head with a gun and handcuffed her against her will to prevent her from seeking help is supported by substantial evidence. Allegations regarding the complainant’s mental history raise issues of credibility which were resolved in administrative proceedings and will not be disturbed by this Court (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of dismissal is not so disproportionate to the offense as to be shocking to this Court’s sense of fairness (Trotta v Ward, 77 NY2d 827). We have considered petitioner’s other contentions and find them to be without merit. Concur—Ellerin, J. P., Wallach, Williams, Tom and Andrias, JJ.

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Bluebook (online)

235 A.D.2d 213, 651 N.Y.S.2d 521, 1997 N.Y. App. Div. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reyes-v-bratton-nyappdiv-1997.

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