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MATTER OF DANAHY v. KERIK

298 A.D.2d 278 (2002)

748 N.Y.S.2d 486

In the Matter of KEVIN DANAHY, 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 October 24, 2002.

Substantial evidence supports the findings that petitioner punched and used his flashlight as a weapon against the complainant while on top of him on the ground. No basis exists to disturb the Administrative Law Judge's rejection of petitioner's version of the incident that he and the intoxicated complainant simply fell off the curb and onto the ground as the complainant was flailing his arms in an attempt to avoid being handcuffed...

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