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MATTER OF CASSINO v. KERIK

301 A.D.2d 403 (2003)

752 N.Y.S.2d 862

In the Matter of ANTHONY CASSINO, Petitioner, v. BERNARD B. KERIK, as Police Commissioner of the City of New York, Respondent.

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

Decided January 14, 2003.

Substantial evidence, including the testimony of complainant, supports respondent's finding that petitioner improperly touched a child less than 11 years old. While petitioner provided innocent explanations for the conduct at issue, it was the prerogative of the Deputy Commissioner, who saw and heard the witnesses, to reject his explanations as not credible (see Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444).

In Matter...

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