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Matter of Nunez v. Ward

Appellate Division of the Supreme Court of New York, First Department
Apr 9, 1991
172 A.D.2d 241 (N.Y. App. Div. 1991)

Opinion

April 9, 1991

Appeal from the Supreme Court, New York County [C. Beauchamp Ciparick, J.].


There was substantial evidence to support the Commissioner's determination that petitioners used unnecessary and excessive force while effectuating an arrest. An independent witness testified to seeing one officer holding the defendant and another striking him on the head with a club. That witness went to the home of a friend and called 911. The complainant also testified to being held and struck with a club. While police officers denied the use of a club, the decision by the Administrative Law Judge to credit the testimony of the independent witness cannot be said to be erroneous and is supported by the record.

Concur — Milonas, J.P., Kupferman, Asch, Kassal and Smith, JJ.


Summaries of

Matter of Nunez v. Ward

Appellate Division of the Supreme Court of New York, First Department
Apr 9, 1991
172 A.D.2d 241 (N.Y. App. Div. 1991)
Case details for

Matter of Nunez v. Ward

Case Details

Full title:In the Matter of ARIEL NUNEZ et al., Petitioners, v. BENJAMIN WARD, as…

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

Date published: Apr 9, 1991

Citations

172 A.D.2d 241 (N.Y. App. Div. 1991)
567 N.Y.S.2d 735

Citing Cases

Matter of Nunez v. Ward

Decided July 1, 1991 Appeal from (1st Dept: 172 A.D.2d 241) MOTIONS FOR LEAVE TO APPEAL GRANTED OR…