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MATTER OF MERCADO v. KERIK

291 A.D.2d 297 (2002)

737 N.Y.S.2d 294

In the Matter of ANTHONY MERCADO, Petitioner, v. BERNARD B. KERIK et al., Respondents.

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

Decided February 19, 2002.

Respondent's findings that petitioner struck a civilian with his police radio is supported by substantial evidence, including the testimony of the complainant and the complainant's supervisor, an uninvolved bystander. No basis exists to disturb respondent's findings of credibility (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444). The 10-day suspension does not shock our sense of fairness (see, id. at 445; Matter...

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