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Matter of Rodriguez v. Ward

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 1991
169 A.D.2d 484 (N.Y. App. Div. 1991)

Opinion

January 15, 1991

Appeal from the Supreme Court, New York County [Burton Sherman, J.].


We find substantial evidence in the record to support the Commissioner's determination that petitioner, while off duty on November 18, 1987, did wrongfully and without just cause point a revolver at the complainant and threaten the complainant during a traffic dispute. (See, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176.) The credited testimony of the complainant established that petitioner became angered while driving because he could not pass on the left of complainant's stalled vehicle, which complainant was pushing off to the left hand side of the road. According to complainant, petitioner exited his car, placed a gun against complainant's neck, threatening to "blow" complainant's head off.

Notably, the Hearing Officer expressly found petitioner's illogical and contradictory testimony to be incredible. As the duty of weighing the evidence and choosing between conflicting evidence rests solely with the administrative agency (see, Matter of Collins v Codd, 38 N.Y.2d 269), we find no reason to disturb the Hearing Officer's substantive findings or the penalty imposed.

Concur — Carro, J.P., Ellerin, Ross, Asch and Kassal, JJ.


Summaries of

Matter of Rodriguez v. Ward

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 1991
169 A.D.2d 484 (N.Y. App. Div. 1991)
Case details for

Matter of Rodriguez v. Ward

Case Details

Full title:In the Matter of JOHN RODRIGUEZ, Petitioner, v. BENJAMIN WARD, as Police…

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

Date published: Jan 15, 1991

Citations

169 A.D.2d 484 (N.Y. App. Div. 1991)
564 N.Y.S.2d 356