MATTER OF TIGHE v. KELLY


305 A.D.2d 274 (2003)

759 N.Y.S.2d 79

In the Matter of EDWARD TIGHE, Petitioner, v. RAYMOND 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.

Decided May 20, 2003.


Substantial evidence, including the testimony of the complainant and his mother, supports respondent's finding that petitioner sexually assaulted a child less than 14 years of age. While petitioner denied the conduct at issue, it was the prerogative of the Deputy Commissioner, who saw and heard the witnesses, to reject his testimony as not credible (see Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444 [1987]; Matter of Cassino...

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