Saccone v. Kelly

Appellate Division of the Supreme Court of New York

Saccone v. Kelly

6 A.D.3d 339, 775 N.Y.S.2d 149, 2004 N.Y. App. Div. LEXIS 4836

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

DecidedApril 27, 2004

StatusPublished

This text of 6 A.D.3d 339 (Saccone 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

Saccone v. Kelly, 6 A.D.3d 339, 775 N.Y.S.2d 149, 2004 N.Y. App. Div. LEXIS 4836 (N.Y. Ct. App. 2004).

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Opinion

Determination of respondent Police Commissioner, dated May 27, 2002, dismissing petitioner from his position as a police officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to [340]*340this Court by order of the Supreme Court, New York County [James A. Yates, J.], entered on or about February 25, 2003) dismissed, without costs.

Substantial evidence supports respondent’s findings that petitioner, while off duty, was present at a place known to be a brothel, that three days later, while on duty, petitioner solicited sex from prostitutes at that brothel in exchange for a promise of protection against arrest, and that in his official interview, petitioner falsely stated that his off-duty visit to the brothel was in an attempt to sign up a confidential informant. No basis exists to disturb the Hearing Officer’s findings of credibility (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]). The penalty of dismissal does not shock our sense of fairness (see Matter of Hogan v Kelly, 4 AD3d 304 [2004]). Concur—Nardelli, J.P., Saxe, Sullivan and Gonzalez, JJ.

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Determination of respondent Police Commissioner, dated May 27, 2002, dismissing petitioner from his position as a police officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to [340]*340this Court by order of the Supreme Court, New York County [James A. Yates, J.], entered on or about February 25, 2003) dismissed, without costs.

Substantial evidence supports respondent’s findings that petitioner, while off duty, was present at a place known to be a brothel, that three days later, while on duty, petitioner solicited sex from prostitutes at that brothel in exchange for a promise of protection against arrest, and that in his official interview, petitioner falsely stated that his off-duty visit to the brothel was in an attempt to sign up a confidential informant. No basis exists to disturb the Hearing Officer’s findings of credibility (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]). The penalty of dismissal does not shock our sense of fairness (see Matter of Hogan v Kelly, 4 AD3d 304 [2004]). Concur—Nardelli, J.P., Saxe, Sullivan and Gonzalez, JJ.

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Bluebook (online)

6 A.D.3d 339, 775 N.Y.S.2d 149, 2004 N.Y. App. Div. LEXIS 4836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saccone-v-kelly-nyappdiv-2004.

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