MATTER OF RODRIGUEZ v. KELLY

9090, 109088/10.

102 A.D.3d 594 (2013)

958 N.Y.S.2d 301

2013 NY Slip Op 427

In the Matter of JEFFERSON RODRIGUEZ, Petitioner, v. RAYMOND KELLY, as Police Commissioner of the New York City Police Department, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 29, 2013.


Substantial evidence supports the findings that petitioner falsely reported that he was unable to work from October 2008 to June 2009; that he engaged in unauthorized outside employment; and that he lied under oath when he denied engaging in such outside employment at his workers' compensation hearing. There exists no basis to disturb the credibility determinations of the Administrative Law Judge (see generally Matter of Berenhaus v Ward, 70 N.Y.2d...

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