MATTER OF LOSADA v. SAFIR


278 A.D.2d 59 (2000)

717 N.Y.S.2d 568

In the Matter of FERNANDO LOSADA, 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.


Substantial evidence supports respondent's findings that petitioner, while off-duty, was in a traffic-related altercation during which he wrongfully punched and kicked the driver of the other vehicle, causing him physical injury, and that petitioner filed a criminal complaint regarding the incident that falsely portrayed the other driver as the aggressor, causing his detention. No basis exists to disturb respondent's findings of credibility (see, Matter of Berenhaus v...

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