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Wright v. Kelly

69 A.D.3d 501, 892 N.Y.2d 759
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 21, 2010
StatusPublished

This text of 69 A.D.3d 501 (Wright v. Kelly) 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
Wright v. Kelly, 69 A.D.3d 501, 892 N.Y.2d 759 (N.Y. Ct. App. 2010).

Opinion

Substantial evidence, including eyewitness testimony, supports the hearing officer’s finding of guilt (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]). In light of petitioner’s disciplinary record and the fact that the act of discourtesy occurred in the presence of at least two other sergeants, the penalty does not shock our conscience (see Matter of Kelly v Safir, 96 NY2d 32, 39-40 [2001]; Matter of Sanders v Safir, 284 AD2d 163 [2001]). Concur—Gonzalez, EJ., Tom, Sweeny, Catterson and Abdus-Salaam, JJ.

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Related

Kelly v. Safir
747 N.E.2d 1280 (New York Court of Appeals, 2001)
300 Gramatan Avenue Associates v. State Division of Human Rights
379 N.E.2d 1183 (New York Court of Appeals, 1978)
Berenhaus v. Ward
517 N.E.2d 193 (New York Court of Appeals, 1987)
Sanders v. Safir
284 A.D.2d 163 (Appellate Division of the Supreme Court of New York, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
69 A.D.3d 501, 892 N.Y.2d 759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-kelly-nyappdiv-2010.