Reynald v. Kelly

Appellate Division of the Supreme Court of New York

Reynald v. Kelly

26 A.D.3d 223, 810 N.Y.S.2d 37

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

DecidedFebruary 14, 2006

StatusPublished

Cited by1 cases

This text of 26 A.D.3d 223 (Reynald 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

Reynald v. Kelly, 26 A.D.3d 223, 810 N.Y.S.2d 37 (N.Y. Ct. App. 2006).

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Opinion

Determination of respondent Commissioner, dated April 26, 2004, terminating petitioner’s employment as a New York City police officer, unanimously confirmed, the petition denied and the CPLR article 78 proceeding (transferred to this Court by order of the Supreme Court, New York County [Faviola A. Soto, J.], entered November 9, 2004) dismissed, without costs.

Substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]) supports the challenged findings that petitioner knowingly gave false statements in official interviews in connection with automobiles he owned or was purchasing, and committed insurance fraud in completing an affidavit regarding a stolen car. No basis exists to disturb the credibility findings underlying the hearing officer’s conclusions as to petitioner’s guilt (see Matter of Berenhaus v Ward, 70 NY2d 436 [1987]). Under the circumstances, the penalty is not shocking to our sense of fairness and, accordingly, will not be disturbed (see Matter of Kelly v Safir, 96 NY2d 32, 39-40 [2001]). We have considered and rejected petitioner’s argument as to the substitution of a hearing officer. Concur—Tom, J.P., Mazzarelli, Saxe, Nardelli and McGuire, JJ.

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Determination of respondent Commissioner, dated April 26, 2004, terminating petitioner’s employment as a New York City police officer, unanimously confirmed, the petition denied and the CPLR article 78 proceeding (transferred to this Court by order of the Supreme Court, New York County [Faviola A. Soto, J.], entered November 9, 2004) dismissed, without costs.

Substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]) supports the challenged findings that petitioner knowingly gave false statements in official interviews in connection with automobiles he owned or was purchasing, and committed insurance fraud in completing an affidavit regarding a stolen car. No basis exists to disturb the credibility findings underlying the hearing officer’s conclusions as to petitioner’s guilt (see Matter of Berenhaus v Ward, 70 NY2d 436 [1987]). Under the circumstances, the penalty is not shocking to our sense of fairness and, accordingly, will not be disturbed (see Matter of Kelly v Safir, 96 NY2d 32, 39-40 [2001]). We have considered and rejected petitioner’s argument as to the substitution of a hearing officer. Concur—Tom, J.P., Mazzarelli, Saxe, Nardelli and McGuire, JJ.

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Bluebook (online)

26 A.D.3d 223, 810 N.Y.S.2d 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynald-v-kelly-nyappdiv-2006.

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