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Matter of Cosentino v. Ward

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 1989
155 A.D.2d 362 (N.Y. App. Div. 1989)

Opinion

November 21, 1989

Appeal from the Supreme Court, New York County (Leonard Cohen, J.).


Respondents' determination, finding petitioner guilty of the charges and specifications lodged against him for assaulting a former girlfriend, was supported by substantial evidence. (300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176. ) We reject petitioner's argument that respondents' witnesses' testimony was incredible, where that testimony was supported by the medical evidence to the effect that the girlfriend could not have sustained her injuries if petitioner had only sought to defend himself. In any event respondents' determinations of credibility generally are not reviewable by us (Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443) and petitioner has presented no argument warranting exception. Thus, the determination must be confirmed. (Supra.)

Concur — Sullivan, J.P., Carro, Milonas, Ellerin and Wallach, JJ.


Summaries of

Matter of Cosentino v. Ward

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 1989
155 A.D.2d 362 (N.Y. App. Div. 1989)
Case details for

Matter of Cosentino v. Ward

Case Details

Full title:In the Matter of SAMUEL COSENTINO, Petitioner, v. BENJAMIN WARD, as Police…

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

Date published: Nov 21, 1989

Citations

155 A.D.2d 362 (N.Y. App. Div. 1989)