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MATTER OF UMEOKAFOR v. CITY OF NEW YORK

Index No. 101782/19. Appeal No. 14559. Case No. 2020-04640.

199 A.D.3d 435 (2021)

153 N.Y.S.3d 859

2021 NY Slip Op 06066

In the Matter of Peter C. Umeokafor, Petitioner, v. City of New York et al., Respondents.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Mobilization for Justice, Inc., New York ( Montel A. Cherry of counsel), for petitioner.

Georgia M. Pestana , Corporation Counsel, New York ( Antonella Karlin of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Kapnick, Kennedy, Mendez, JJ.

The decision of the Hearing Officer and the OATH determination are supported by substantial evidence, consisting of statements of the issuing officer in the summons, which were affirmed under the penalty of perjury (48 RCNY 6-12[b]). The finding by the Hearing Officer that petitioner's testimony was not credible was rational based on the discrepancies between his account of events and that of his wife concerning where they were...

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