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MATTER OF VARGAS v. SAFIR

278 A.D.2d 54 (2000)

717 N.Y.S.2d 562

In the Matter of ROBERT VARGAS, 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 December 12, 2000.

Respondent's determination that petitioner used excessive force in making an arrest is supported by substantial evidence, including, in particular, the testimony of the complainant and an eyewitness (see, Matter of Cocozzo v Ward, 162 A.D.2d 202). No basis exists to disturb respondent's findings of credibility (see, id.). The penalty of dismissal does not shock our conscience in view of the evidence that the complainant had...

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