MATTER OF KOBEL v. SAFIR


254 A.D.2d 72 (1998)

678 N.Y.S.2d 494

In the Matter of Martin Kobel, Petitioner, v. Howard Safir, 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.

October 8, 1998


Substantial evidence supports respondent's determination that petitioner failed to intervene in an assault on an off-duty member of the Police Department, which he knew was going to occur and observed in progress. No basis exists to disturb respondent's findings on credibility (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436

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