Opinion
5917 5917A Index 101282/16
03-08-2018
In re Nikaurys MARTINEZ, et al., Petitioners, v. William J. BRATTON, etc., et al., Respondents.
Worth, Longworth & London, LLP, New York (Howard B. Sterinbach of counsel), for petitioners. Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.
Worth, Longworth & London, LLP, New York (Howard B. Sterinbach of counsel), for petitioners.
Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.
Renwick, J.P., Richter, Andrias, Kapnick, Kahn, JJ.
Determinations of respondents, dated June 23, 2016, which imposed forfeitures of 15 vacation days on petitioners based upon a finding that they improperly struck a civilian, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Arlene P. Bluth, J.], entered January 31, 2017), dismissed, without costs.
Substantial evidence supports the determination that petitioners struck a civilian while he was rear-handcuffed (see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180–181, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). The unequivocal eyewitness testimony of a police sergeant, which was credited by the Assistant Deputy Commissioner of Trials, and was supported by her contemporaneous report of the incident to the Internal Affairs Bureau, established petitioners' guilt. There exists no basis to disturb the credibility determinations of the Assistant Deputy Commissioner of Trials (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443–444, 522 N.Y.S.2d 478, 517 N.E.2d 193 [1987] ; Matter of Kissh v. Kerik, 304 A.D.2d 332, 757 N.Y.S.2d 35 [1st Dept. 2003] ).