Rodriguez-Rivera v. Kelly

New York Court of Appeals

Rodriguez-Rivera v. Kelly

812 N.E.2d 1251, 2 N.Y. 776, 2 N.Y.3d 776, 780 N.Y.S.2d 302, 2004 N.Y. LEXIS 980

CourtNew York Court of Appeals

DecidedMay 6, 2004

StatusPublished

Cited by10 cases

This text of 812 N.E.2d 1251 (Rodriguez-Rivera v. Kelly) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rodriguez-Rivera v. Kelly, 812 N.E.2d 1251, 2 N.Y. 776, 2 N.Y.3d 776, 780 N.Y.S.2d 302, 2004 N.Y. LEXIS 980 (N.Y. 2004).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be reversed, with costs, and the petition dismissed.

We agree with the dissenters below that the majority improperly substituted its credibility determinations for those of the Police Commissioner (Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]), and that a rational basis exists in the record to support the Police Commissioner’s determination that petitioner failed to render all necessary police services. The Police Commissioner did not abuse his discretion in ordering the forfeiture of 15 days’ vacation time because the penalty does not shock judicial conscience in light of the serious nature of the offense (see Matter of Kelly v Safir, 96 NY2d 32, 39-40 [2001]; see also Matter of Pell v Board of Educ., 34 NY2d 222, 233 [1974]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.

[734]*734On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment reversed, etc.

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

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be reversed, with costs, and the petition dismissed.

We agree with the dissenters below that the majority improperly substituted its credibility determinations for those of the Police Commissioner (Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]), and that a rational basis exists in the record to support the Police Commissioner’s determination that petitioner failed to render all necessary police services. The Police Commissioner did not abuse his discretion in ordering the forfeiture of 15 days’ vacation time because the penalty does not shock judicial conscience in light of the serious nature of the offense (see Matter of Kelly v Safir, 96 NY2d 32, 39-40 [2001]; see also Matter of Pell v Board of Educ., 34 NY2d 222, 233 [1974]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.

[734]*734On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

812 N.E.2d 1251, 2 N.Y. 776, 2 N.Y.3d 776, 780 N.Y.S.2d 302, 2004 N.Y. LEXIS 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-rivera-v-kelly-ny-2004.

Opinion

Related

Cite This Page — Counsel Stack