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Wright v. Kelly

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 21, 2010

IN RE LEONARD WRIGHT, ETC., PETITIONER,
v.
RAYMOND W. KELLY, ETC., ET AL., RESPONDENTS.

Determination of respondent Police Commissioner, dated October 6, 2008, which found petitioner guilty of discourtesy to a police sergeant and imposed a forfeiture of 15 vacation days, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Eileen A. Rakower, J.], entered April 10, 2009), dismissed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Sweeny, Catterson, Abdus-Salaam, JJ.

116544/08

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]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100121

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