Opinion

Kelly v. Brown

  • 192 A.D.2d 365
  • 596 N.Y.S.2d 40
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Apr 8, 1993
Status
Published
Cited by
0 cases
Authority
More cited than 44.1%

The opinion

—Determination of the respondent Police Commissioner, dated January 28, 1991, which found petitioner guilty of a disciplinary specification and imposed a forfeiture of 10 vacation days, is 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 [Eugene Nardelli, J.], entered on or about January 24, 1992) dismissed, without costs.

Substantial evidence supports respondent’s finding that petitioner punched a token clerk without justification (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444), and the penalty *366 imposed is not shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222 , 233). Concur — Sullivan, J. P., Carro, Ellerin and Rubin, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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