MATTER OF SHELTON v. SAFIR


292 A.D.2d 194 (2002)

738 N.Y.S.2d 212

In the Matter of GINA P. SHELTON, Petitioner, v. HOWARD SAFIR, as Police Commissioner of the City of New York, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 7, 2002.


Respondent's findings that petitioner committed petit larceny while on duty and subsequently made false statements in the departmental investigation of the incident are supported by substantial evidence. No basis exists to disturb respondent's findings of credibility (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness...

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