Titone v. Safir

Appellate Division of the Supreme Court of New York

Titone v. Safir

277 A.D.2d 161, 717 N.Y.S.2d 55, 2000 N.Y. App. Div. LEXIS 12484

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

DecidedNovember 28, 2000

StatusPublished

This text of 277 A.D.2d 161 (Titone v. Safir) 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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Titone v. Safir, 277 A.D.2d 161, 717 N.Y.S.2d 55, 2000 N.Y. App. Div. LEXIS 12484 (N.Y. Ct. App. 2000).

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Opinion

—Determination of respondent Police Commissioner dated January 25, 1999, 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 this Court by order of the Supreme Court, New York County [William Davis, J.], entered July 29, 1999), dismissed, without costs.

[162]*162Substantial evidence, including petitioner’s admissions, supports respondent’s findings that petitioner stole evidence that he had seized and believed to be evidence of a crime. No basis exists to disturb respondent’s findings of credibility bearing upon petitioner’s intent to steal (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness. Concur — Rosenberger, J. P., Nardelli, Ellerin, Lerner and Andrias, JJ.

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—Determination of respondent Police Commissioner dated January 25, 1999, 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 this Court by order of the Supreme Court, New York County [William Davis, J.], entered July 29, 1999), dismissed, without costs.

[162]*162Substantial evidence, including petitioner’s admissions, supports respondent’s findings that petitioner stole evidence that he had seized and believed to be evidence of a crime. No basis exists to disturb respondent’s findings of credibility bearing upon petitioner’s intent to steal (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness. Concur — Rosenberger, J. P., Nardelli, Ellerin, Lerner and Andrias, JJ.

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Bluebook (online)

277 A.D.2d 161, 717 N.Y.S.2d 55, 2000 N.Y. App. Div. LEXIS 12484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/titone-v-safir-nyappdiv-2000.

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