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In re Delgardo

Appellate Division of the Supreme Court of New York, First Department
Dec 17, 1996
234 A.D.2d 125 (N.Y. App. Div. 1996)

Opinion

December 17, 1996.

Determination of respondent Police Commissioner dated December 16, 1994, imposing a forfeiture of 10 vacation days, 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 [Leland DeGrasse, J.], entered July 10, 1995) unanimously dismissed, without costs.

Before: Murphy, P.J., Sullivan, Milonas, Rubin and Andrias, JJ.


Substantial evidence, including the testimony of the complainant and the disinterested witness, supports the finding that petitioner wrongfully pushed the complainant and neglected to take prompt and timely police action regarding a reported street dispute. Such testimony was found to be credible by the Hearing Officer, and we see no reason to disturb such resolution of issues of credibility (see, Matter of Paolone v Ward, 168 AD2d 234).


Summaries of

In re Delgardo

Appellate Division of the Supreme Court of New York, First Department
Dec 17, 1996
234 A.D.2d 125 (N.Y. App. Div. 1996)
Case details for

In re Delgardo

Case Details

Full title:In the Matter of JOHN DELGAHDO, Petitioner, v. WILLIAM J. BRATTON, as…

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

Date published: Dec 17, 1996

Citations

234 A.D.2d 125 (N.Y. App. Div. 1996)
651 N.Y.S.2d 305