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VALLEBUONA v. KERIK

294 A.D.2d 44 (2002)

742 N.Y.S.2d 626

In the Matter of ERNEST VALLEBUONA et al., Petitioners, v. BERNARD B. KERIK, 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.

June 4, 2002.

Attorney(s) appearing for the Case

Howard B. Sterinbach of counsel (Worth, Longworth, Bamundo & London, LLP, attorneys), for petitioners.

Julie Steiner of counsel (Barry P. Schwartz on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for respondents.

MAZZARELLI, SAXE, SULLIVAN and ELLERIN, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.P.

In this CPLR article 78 proceeding, we are asked to determine whether substantial evidence supports the finding of an Administrative Law Judge (ALJ) that petitioners used excessive force in effecting an arrest after observing an apparent robbery in progress.

On January 26, 1996, at approximately 1:00 A.M., petitioners New York City Police Officers Ernest Vallebuona and Bernard Kelly were operating out of the Staten...

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