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Matter of Sannuti v. Safir

Appellate Division of the Supreme Court of New York, First Department
May 6, 1999
261 A.D.2d 153 (N.Y. App. Div. 1999)

Opinion

May 6, 1999

Determination of respondent Police Commissioner dated August 8, 1997, dismissing petitioner from his position as a New York City 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 [Harold Tompkins, J.], entered on or about February 25, 1998) dismissed, without costs.


Respondents' determination that petitioner conspired with a chop shop owner to have at least one car stolen on his behalf is supported by substantial evidence. Testimony of investigating officers and a tape recording, in which statements of three informants were related, although hearsay, were properly received as part of the evidence against petitioner. The reliability of the informants' statements was corroborated by their internal consistency, by facts disclosed in the investigation and, in part, by petitioner's own testimony ( see, Matter of Martinez v. Franco, 222 A.D.2d 335; Matter of Brinson v. Safir, 255 A.D.2d 247; Matter of Lewis v. Chesworth, 135 A.D.2d 995, lv denied 71 N.Y.2d 805). Petitioner's misconduct is sufficient to justify the penalty of dismissal ( see, Matter of Perez v. Safir, 249 A.D.2d 176).

We have considered petitioner's other arguments and find them unpersuasive.

Concur — Williams, J. P., Rubin, Mazzarelli, Andrias and Buckley, JJ.


Summaries of

Matter of Sannuti v. Safir

Appellate Division of the Supreme Court of New York, First Department
May 6, 1999
261 A.D.2d 153 (N.Y. App. Div. 1999)
Case details for

Matter of Sannuti v. Safir

Case Details

Full title:In the Matter of MARINO E. SANNUTI, Petitioner, v. HOWARD SAFIR, as Police…

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

Date published: May 6, 1999

Citations

261 A.D.2d 153 (N.Y. App. Div. 1999)
689 N.Y.S.2d 479

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