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MATTER OF RODRIGUEZ-RIVERA v. KELLY

2 N.Y.3d 776 (2004)

812 N.E.2d 1251

780 N.Y.S.2d 302

IN THE MATTER OF VICTOR RODRIGUEZ-RIVERA, Respondent, v. RAYMOND KELLY, as Police Commissioner of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 6, 2004.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Stephen J. McGrath of counsel), for appellants.

Worth, Longworth & London, LLP, New York City (Howard B. Sterinbach of counsel), for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The judgment of the Appellate Division should be reversed, with costs, and the petition dismissed.

We agree with the dissenters below that the majority improperly substituted its credibility determinations for those of the Police Commissioner (Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444 [1987]), and that a rational basis exists in the record to support the Police Commissioner...

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