Sava v. Kerik

Appellate Division of the Supreme Court of New York

Sava v. Kerik

302 A.D.2d 325, 754 N.Y.S.2d 641, 2003 N.Y. App. Div. LEXIS 1773

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

DecidedFebruary 27, 2003

StatusPublished

This text of 302 A.D.2d 325 (Sava v. Kerik) 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

Sava v. Kerik, 302 A.D.2d 325, 754 N.Y.S.2d 641, 2003 N.Y. App. Div. LEXIS 1773 (N.Y. Ct. App. 2003).

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Opinion

Determination of respondent Police Commissioner, dated March 3, 2001, suspending petitioner from his position as a New York City police officer for 15 days, 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 [Barbara Kapnick, J.], entered January 30, 2002) dismissed, without costs.

The administrative findings that petitioner, while on duty, made discourteous and disrespectful remarks regarding race, were supported by substantial evidence, including the testimony of the complainants, and, accordingly, may not be judicially disturbed (see Matter of Sanders v Safir, 284 AD2d 163 [2001]). The penalty imposed for the proven misconduct, a 15-day suspension from the police force, does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32 [2001]; Matter of Altreche v Safir, 287 AD2d 409 [2001]). Concur— Tom, J.P., Andrias, Buckley, Williams and Friedman, JJ.

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Determination of respondent Police Commissioner, dated March 3, 2001, suspending petitioner from his position as a New York City police officer for 15 days, 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 [Barbara Kapnick, J.], entered January 30, 2002) dismissed, without costs.

The administrative findings that petitioner, while on duty, made discourteous and disrespectful remarks regarding race, were supported by substantial evidence, including the testimony of the complainants, and, accordingly, may not be judicially disturbed (see Matter of Sanders v Safir, 284 AD2d 163 [2001]). The penalty imposed for the proven misconduct, a 15-day suspension from the police force, does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32 [2001]; Matter of Altreche v Safir, 287 AD2d 409 [2001]). Concur— Tom, J.P., Andrias, Buckley, Williams and Friedman, JJ.

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302 A.D.2d 325, 754 N.Y.S.2d 641, 2003 N.Y. App. Div. LEXIS 1773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sava-v-kerik-nyappdiv-2003.

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