Simons v. Kerik

Appellate Division of the Supreme Court of New York

Simons v. Kerik

294 A.D.2d 186, 741 N.Y.S.2d 687, 2002 N.Y. App. Div. LEXIS 4938

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

DecidedMay 14, 2002

StatusPublished

This text of 294 A.D.2d 186 (Simons 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.

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Simons v. Kerik, 294 A.D.2d 186, 741 N.Y.S.2d 687, 2002 N.Y. App. Div. LEXIS 4938 (N.Y. Ct. App. 2002).

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Opinion

—Determination of respondent Police Commissioner, dated July 13, 2000, which dismissed petitioner from his position as a New York City 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, entered January 24, 2001), dismissed, without costs.

There was substantial evidence to support the hearing officer’s findings. The penalty of dismissal does not shock our sense of fairness (see, Matter of Kelly v Safir, 96 NY2d 32, 39-40). Concur—Nardelli, J.P., Saxe, Buckley, Sullivan and Gonzalez, JJ.

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—Determination of respondent Police Commissioner, dated July 13, 2000, which dismissed petitioner from his position as a New York City 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, entered January 24, 2001), dismissed, without costs.

There was substantial evidence to support the hearing officer’s findings. The penalty of dismissal does not shock our sense of fairness (see, Matter of Kelly v Safir, 96 NY2d 32, 39-40). Concur—Nardelli, J.P., Saxe, Buckley, Sullivan and Gonzalez, JJ.

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294 A.D.2d 186, 741 N.Y.S.2d 687, 2002 N.Y. App. Div. LEXIS 4938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simons-v-kerik-nyappdiv-2002.

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