MATTER OF HARVARD v. KERIK


291 A.D.2d 206 (2002)

736 N.Y.S.2d 864

In the Matter of SIMONE HARVARD, Petitioner, v. BERNARD B. KERIK et al., Respondents.

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

Decided February 5, 2002.


The testimony of two disinterested eyewitnesses that off-duty Police Officer Simons had a gun in his hand during an altercation with an off-duty correction officer outside a nightclub, together with the testimony of a responding police officer that he observed Simons and petitioner walking toward and then standing about the open doors of petitioner's car, constitute substantial evidence supporting respondent's determination. Respondent found, inter alia, that Simons was holding...

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