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MATTER OF JOHNSON v. KELLY

2 A.D.3d 155 (2003)

767 N.Y.S.2d 625

In the Matter of NEIL JOHNSON, Petitioner, v. RAYMOND W. KELLY, 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.

December 4, 2003.

There is substantial evidence to support the finding that petitioner left the scene of an accident he caused, made misleading statements to shield his involvement, and filed a false complaint report. There is no basis for disturbing the Hearing Officer's determinations concerning credibility (see Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444 [1987]). Notwithstanding petitioner's otherwise unblemished record, the penalty of dismissal...

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