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MATTER OF OLAVARRIA v. KELLY

37 A.D.3d 191 (2007)

830 N.Y.S.2d 509

In the Matter of RUBEN OLAVARRIA, 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.

Decided February 6, 2007.

There was substantial evidence at the administrative hearing that over a period of 2½ years, while assigned to various commands, petitioner engaged in acts that included assault, insubordination, being discourteous to superior officers, violating an order of protection, and being asleep on duty. There is no basis for disturbing the credibility findings underlying these conclusions (see Matter of Berenhaus v Ward,

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