IN THE MATTER OF FELDER v. KELLY


18 A.D.3d 327 (2005)

795 N.Y.S.2d 534

In the Matter of VICTORIA FELDER, 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.

May 19, 2005.


Substantial evidence, in particular, the testimony of the lieutenant in charge of overseeing officers' requalification with weapons, supports respondent's findings, largely ones of credibility, that petitioner was given an order and that she failed to comply. No basis exists to disturb respondent's findings of credibility, and the penalty imposed does not shock our sense of fairness (see Matter of Edwards v Safir, 282 A.D.2d 287...

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