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Jackson v. Kerik

Appellate Division of the Supreme Court of New York, First Department
Jan 6, 2004
3 A.D.3d 308 (N.Y. App. Div. 2004)

Opinion

2042.

Decided January 6, 2004.

Determination of respondent Police Commissioner, dated on or about December 20, 2001, dismissing petitioner from his position as a police officer, 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 [Jane Solomon, J.], entered August 2, 2001), dismissed, without costs.

John J. Grimes, for Petitioner.

Ralph Janzen, for Respondents.

Before: Tom, J.P., Andrias, Saxe, Williams, JJ.


The trial commissioner's findings of guilt were supported by substantial evidence ( see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444), including certain hearsay statements ( see Matter of LaFemina v. Brown, 194 A.D.2d 405). It is the function of the trial commissioner, rather than a reviewing court, to resolve conflicting evidence ( id.). In any event, petitioner's factual claims are unsupported by the evidence.

There is no merit to petitioner's allegation that one of the specifications was facially defective because it omitted a required element of the prohibited conduct as set forth in an interim order of the Police Commissioner. The specification did not allege a violation of the interim order, but instead alleged a violation of the Patrol Guide and properly set forth such violation. Petitioner's remaining contentions are unpreserved and unavailing.

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


Summaries of

Jackson v. Kerik

Appellate Division of the Supreme Court of New York, First Department
Jan 6, 2004
3 A.D.3d 308 (N.Y. App. Div. 2004)
Case details for

Jackson v. Kerik

Case Details

Full title:IN RE ANTHONY B. JACKSON, Petitioner, v. BERNARD B. KERIK, ETC., ET AL.…

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

Date published: Jan 6, 2004

Citations

3 A.D.3d 308 (N.Y. App. Div. 2004)
769 N.Y.S.2d 878