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MATTER OF EDWARDS v. SAFIR

282 A.D.2d 287 (2001)

723 N.Y.S.2d 355

In the Matter of STEPHANIE EDWARDS, 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 April 17, 2001.

There was substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 181) to support the specifications charging petitioner with two separate counts of insubordination. Petitioner's challenges to the credibility determinations of the Assistant Deputy Commissioner (ADC) are unavailing since, in an article 78 proceeding, the reviewing court may not weigh the evidence, choose between conflicting...

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