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MATTER OF MILLER v. KERIK

299 A.D.2d 267 (2002)

749 N.Y.S.2d 717

In the Matter of PETER MILLER, Petitioner, 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.

Decided November 21, 2002.

Substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 181), including the testimony of the complainant, supported the specification charging petitioner with using excessive force by striking a civilian in the nose while he was handcuffed. No basis exists to disturb respondent's findings of credibility (see Matter of Berenhaus v Ward, 70 N.Y.2d 436

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