Opinion
10546 Index 101279/17
12-12-2019
In re Andy SCANTLEBURY, Petitioner, v. NEW YORK CITY POLICE DEPARTMENT, et al., Respondents.
Levine & Gilbert, New York (Harvey A. Levine of counsel), for petitioner. Zachary W. Carter, Corporation Counsel, New York (Aaron M. Bloom of counsel), for respondents.
Levine & Gilbert, New York (Harvey A. Levine of counsel), for petitioner.
Zachary W. Carter, Corporation Counsel, New York (Aaron M. Bloom of counsel), for respondents.
Renwick, J.P., Gische, Mazzarelli, Moulton, JJ.
Determination of respondents, dated June 9, 2017, which terminated petitioner's employment 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 Supreme Court, New York County [Nancy M. Bannon, J.], entered September 21, 2018), dismissed, without costs.
Respondents' determination is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). The victim testified, inter alia, that petitioner held her in a hotel room against her will, beat her, threatened her with his firearm, and damaged her property. Such testimony was corroborated by photographic evidence and injuries that petitioner sustained to his hands. 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] ).
Under the circumstances presented, the penalty of termination does not shock our sense of fairness (see e.g. Matter of Amador v. Kelly, 109 A.D.3d 762, 972 N.Y.S.2d 18 [1st Dept. 2013] ; Matter of Reyes v. Bratton, 235 A.D.2d 213, 651 N.Y.S.2d 521 [1st Dept. 1997] ).