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MATTER OF HALL v. SHEA

101867/19. Appeal No. 14734. Case No. 2020-03498.

200 A.D.3d 416 (2021)

154 N.Y.S.3d 782

2021 NY Slip Op 06760

In the Matter of Dellon Hall, Petitioner, v. Dermot Shea, as Police Commissioner of the City of New York, et al., Respondents.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

London & Worth, LLP, New York ( Kyle R. Silverstein of counsel), for petitioner.

Georgia M. Pestana , Corporation Counsel, New York ( Tahirih M. Sadrieh of counsel), for respondents.

Concur—Webber, J.P., Friedman, Oing, Shulman, Pitt, JJ.

The hearing testimony constitutes substantial evidence to support the finding that petitioner struck a three-year-old child on the chest (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180 [1978]). The Hearing Officer was free to credit the witnesses' testimony corroborating the child's statements, since weighing the evidence and choosing between conflicting accounts was solely within the province of the...

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