From Casetext: Smarter Legal Research

In re Alvarez v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Dec 11, 2003
2 A.D.3d 219 (N.Y. App. Div. 2003)

Opinion

2444.

December 11, 2003.

Determination of respondent Police Commissioner, dated January 31, 2002, dismissing petitioner from his position as a police officer upon findings that he made a false 911 call of a burglary in progress while off duty and made false statements concerning the call in his departmental interview, 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 [James Yates, J.], entered November 21, 2002), dismissed, without costs.

Kenneth E. Gordon, for Petitioner.

Paul L. Herzfeld, for Respondents.

Before: Nardelli, J.P., Tom, Mazzarelli, Ellerin, JJ.


Substantial evidence, including the unchallenged testimony of telephone technology experts, establishes that the 911 call that petitioner made concerning a burglary in progress at a public school in Brooklyn was made from a pay phone in upper Manhattan, and not, as petitioner claims, from his cell phone as he drove past the school on his way home from his Brooklyn station house. 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 ( see Matter of Kelly v. Safir, 96 N.Y.2d 32, 38).

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


Summaries of

In re Alvarez v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Dec 11, 2003
2 A.D.3d 219 (N.Y. App. Div. 2003)
Case details for

In re Alvarez v. Kelly

Case Details

Full title:IN RE ARNALDO ALVAREZ, Petitioner, v. RAYMOND KELLY, ETC., ET AL.…

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

Date published: Dec 11, 2003

Citations

2 A.D.3d 219 (N.Y. App. Div. 2003)
768 N.Y.S.2d 315

Citing Cases

Duncan v. Kelly

These findings were reviewed by the Chief of Personnel of the New York Police Department and subsequently…

Artiles v. Kelly

The record also does not support petitioner's contention that the hearing officer was biased against him (see…