IN THE MATTER OF CRUZ v. KELLY


18 A.D.3d 361 (2005)

794 N.Y.S.2d 902

In the Matter of ANTHONY CRUZ, 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.

May 24, 2005.


Substantial evidence supported the finding that petitioner failed to notify proper authorities of his knowledge that a police officer involved in a motor vehicle accident had left the scene of the accident without permission and was alleged to have been intoxicated (CPLR 7803 [4]). There is no basis in the record to disturb the agency's findings regarding witness credibility (Matter of Berenhaus v Ward, 70 N.Y.2d 436 [1987]). Furthermore...

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