Treadway v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Treadway v. New York City Transit Authority

235 A.D.2d 483, 652 N.Y.S.2d 1003, 1997 N.Y. App. Div. LEXIS 399

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

DecidedJanuary 21, 1997

StatusPublished

This text of 235 A.D.2d 483 (Treadway v. New York City Transit Authority) 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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Treadway v. New York City Transit Authority, 235 A.D.2d 483, 652 N.Y.S.2d 1003, 1997 N.Y. App. Div. LEXIS 399 (N.Y. Ct. App. 1997).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the New York City Transit Authority, dated May 22, 1995, made after a hearing, which, upon finding that the petitioner was guilty of, inter alia, improper use of a firearm, terminated him from his position as a police officer.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The determination to terminate the petitioner from his position as a police officer was supported by substantial evidence including, inter alia, the complainants’ allegations as to an incident involving the petitioner and the petitioner’s admis[484]*484sion that he was involved in an incident with them (see, CPLR 7803 [4]; Matter of Gray v Adduci, 73 NY2d 741; Matter of Roldan v Bratton, 203 AD2d 368). Any issues of credibility were for the administrative agency to determine (see, Matter of Berenhaus v Ward, 70 NY2d 436).

Furthermore, the termination of the petitioner from his position as a police officer was not "so disproportionate to the offense in light of all the circumstances, as to be shocking to one’s sense of fairness” (Matter of Pell v Board of Educ., 34 NY2d 222, 233; see, Matter of Cerio v New York City Tr. Auth., 228 AD2d 676). Bracken, J. P., O’Brien, Florio and Luciano, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the New York City Transit Authority, dated May 22, 1995, made after a hearing, which, upon finding that the petitioner was guilty of, inter alia, improper use of a firearm, terminated him from his position as a police officer.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The determination to terminate the petitioner from his position as a police officer was supported by substantial evidence including, inter alia, the complainants’ allegations as to an incident involving the petitioner and the petitioner’s admis[484]*484sion that he was involved in an incident with them (see, CPLR 7803 [4]; Matter of Gray v Adduci, 73 NY2d 741; Matter of Roldan v Bratton, 203 AD2d 368). Any issues of credibility were for the administrative agency to determine (see, Matter of Berenhaus v Ward, 70 NY2d 436).

Furthermore, the termination of the petitioner from his position as a police officer was not "so disproportionate to the offense in light of all the circumstances, as to be shocking to one’s sense of fairness” (Matter of Pell v Board of Educ., 34 NY2d 222, 233; see, Matter of Cerio v New York City Tr. Auth., 228 AD2d 676). Bracken, J. P., O’Brien, Florio and Luciano, JJ., concur.

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235 A.D.2d 483, 652 N.Y.S.2d 1003, 1997 N.Y. App. Div. LEXIS 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/treadway-v-new-york-city-transit-authority-nyappdiv-1997.

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