Tinglin v. Ward

Appellate Division of the Supreme Court of New York

Tinglin v. Ward

155 A.D.2d 323

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

DecidedNovember 16, 1989

StatusPublished

This text of 155 A.D.2d 323 (Tinglin v. Ward) 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

Tinglin v. Ward, 155 A.D.2d 323 (N.Y. Ct. App. 1989).

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Opinion

— In this proceeding, pursuant to CPLR article 78, transferred to this court by order of the Supreme Court, New York County (Stanley Sklar, J.), entered on or about June 6, 1988, to review a determination of the respondent Commissioner, dated November 3, 1987, which dismissed petitioner from the police force, the determination is unanimously confirmed and the petition dismissed, without costs and disbursements.

The hearing evidence amply supports the allegations contained in specifications 1, 2, 3, 6, 7, 8, 9, 10 and 11. Other than testimony that the sexually explicit statements were made in jest, petitioner made no showing which would substantially challenge the testimony received from the four witnesses presented by the respondent. The Trial Commissioner having rejected petitioner’s claim of frivolity and having credited the testimony of these witnesses, there is no support in the record for petitioner’s contention that his dismissal was arbitrary, capricious and against the weight of substantial evidence. (See, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444.) Concur— Kupferman, J. P., Carro, Asch, Kassal and Rosenberger, JJ.

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— In this proceeding, pursuant to CPLR article 78, transferred to this court by order of the Supreme Court, New York County (Stanley Sklar, J.), entered on or about June 6, 1988, to review a determination of the respondent Commissioner, dated November 3, 1987, which dismissed petitioner from the police force, the determination is unanimously confirmed and the petition dismissed, without costs and disbursements.

The hearing evidence amply supports the allegations contained in specifications 1, 2, 3, 6, 7, 8, 9, 10 and 11. Other than testimony that the sexually explicit statements were made in jest, petitioner made no showing which would substantially challenge the testimony received from the four witnesses presented by the respondent. The Trial Commissioner having rejected petitioner’s claim of frivolity and having credited the testimony of these witnesses, there is no support in the record for petitioner’s contention that his dismissal was arbitrary, capricious and against the weight of substantial evidence. (See, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444.) Concur— Kupferman, J. P., Carro, Asch, Kassal and Rosenberger, JJ.

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155 A.D.2d 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tinglin-v-ward-nyappdiv-1989.

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