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In re Castro v. Safir

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 2000
277 A.D.2d 123 (N.Y. App. Div. 2000)

Opinion

November 21, 2000.

Determination of respondent Police Commissioner dated December 30, 1998, which dismissed petitioner from his position as a police sergeant, 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 [Franklin Weissberg, J.], entered July 13, 1999), dismissed, without costs.

Patrick J. Hackett, for petitioner.

Linda H. Young, for respondents.

Before: Rosenberger, J.P., Wallach, Saxe, Buckley, Friedman, JJ.


Substantial evidence supports respondent's finding that petitioner's admitted failure, in his first official departmental interview, to give an accurate account of his role in the matter under investigation was not due to the faulty recollection he claimed in his second interview and in the disciplinary proceeding, but was rather a deliberate falsehood likely intended to protect a fellow officer who was dismissed from the force between petitioner's two interviews. No basis exists to disturb respondent's findings of credibility (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness (cf., Matter of Donofrio v. City of Rochester, 144 A.D.2d 1027, 1028-1029).

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


Summaries of

In re Castro v. Safir

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 2000
277 A.D.2d 123 (N.Y. App. Div. 2000)
Case details for

In re Castro v. Safir

Case Details

Full title:IN RE APPLICATION OF CHARLES A. CASTRO, PETITIONER, FOR A JUDGMENT, ETC.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 21, 2000

Citations

277 A.D.2d 123 (N.Y. App. Div. 2000)
717 N.Y.S.2d 44

Citing Cases

Latino Officers Association v. City of New York

Def. Ex. 3, Order of Transfer, at 2.Castro v. Safir, 277 A.D.2d 123, 123, 717 N.Y.S.2d 44, 45 (1st Dep't…