MATTER OF ORTIZ v. SAFIR


291 A.D.2d 214 (2002)

737 N.Y.S.2d 278

In the Matter of JAMES ORTIZ, 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 February 5, 2002.


The penalty of dismissal, which was based upon findings that petitioner, while effecting an arrest for disorderly conduct, manhandled an unthreatening, nonresistant arrestee, shoved him down a subway stairway, flung his passport into his face, charged him with resisting arrest without probable cause and made false statements about the incident to the Civilian Complaint Review Board, does not shock our sense of fairness (see, Matter of Pell v Board of Educ.,

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