MATTER OF D'AUGUSTA v. BRATTON


259 A.D.2d 287 (1999)

686 N.Y.S.2d 39

In the Matter of DAVID D'AUGUSTA, Petitioner, v. WILLIAM J. BRATTON, as Police Commissioner of the City of New York, et al., Respondents. In the Matter of DAVID D'AUGUSTA, 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.

Decided March 4, 1999.


Respondent's finding that petitioner struck the complainant in the face with a gun is supported by substantial evidence, including the testimony of the complainant, two eyewitnesses to the incident, and the complainant's treating dentist, who confirmed the complainant's injury (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 179-180). To the extent that petitioner presented a different account of the events...

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