MATTER OF CASELLI v. SAFIR


288 A.D.2d 22 (2001)

732 N.Y.S.2d 167

In the Matter of MICHAEL CASELLI, 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 November 1, 2001.


Respondent's findings were supported by substantial evidence, including the testimony of the complaining witness. There is no basis upon which to disturb respondent's determinations concerning credibility (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444). The penalty imposed does not shock our sense of fairness (see, Matter of Kelly v Safir, 96 N.Y.2d 32

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