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MATTER OF DIRUBBIO v. SAFIR

259 A.D.2d 377 (1999)

687 N.Y.S.2d 118

In the Matter of VINCENT DIRUBBIO et al., Petitioners, 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 23, 1999.

Respondents' findings that petitioners knowingly possessed a stolen vehicle and committed related offenses are supported by substantial evidence, including, in particular, the testimony of an expert in automobile theft. No basis exists to disturb respondents' credibility findings (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness (Matter of Perez v Safir,

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