IN THE MATTER OF PENNEY v. KELLY


16 A.D.3d 342 (2005)

792 N.Y.S.2d 70

In the Matter of MARIBEL PENNEY, 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.

March 31, 2005.


The finding that petitioner was absent from her assignment is supported by substantial evidence, including her own testimony admitting that she took a personal break that was significantly longer than what both she and her supervisor understood to be the allotted time. The other two charges are supported by the testimony of the lieutenant who witnessed petitioner's conduct. No basis exists to disturb respondent's findings of credibility (see Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444 [1987]). The penalty does not shock our sense of fairness.


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