MATTER OF O'CONNOR v. KELLY


215 A.D.2d 173 (1995)

627 N.Y.S.2d 1

In the Matter of Gerard O'Connor, Petitioner, v. Raymond Kelly, as Police Commissioner of The City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 9, 1995


Respondent's determination is supported by substantial evidence. Petitioner violated departmental guidelines by failing to perceive the substantial risk of injury to his partner when he leaned over his partner and discharged his weapon while sitting in the patrol car (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 181). Considering the substantial risk...

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