Matter of Wright v Kelly

Matter of Wright v Kelly 2010 NY Slip Op 00399 [69 AD3d 501] January 21, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 10, 2010

In the Matter of Leonard Wright, Petitioner,
v
Raymond W. Kelly et al., Respondents.

—[*1] Worth, Longworth & London, LLP, New York (Howard B. Sterinbach of counsel) for petitioner. Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for respondents.

Determination of respondent Police Commissioner, dated October 6, 2008, which found petitioner guilty of discourtesy to a police sergeant and imposed a forfeiture of 15 vacation days, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Eileen A. Rakower, J.], entered April 10, 2009), dismissed, without costs.

Substantial evidence, including eyewitness testimony, supports the hearing officer's finding of guilt (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]). In light of petitioner's disciplinary record and the fact that the act of discourtesy occurred in the presence of at least two other sergeants, the penalty does not shock our conscience (see Matter of Kelly v Safir, 96 NY2d 32, 39-40 [2001]; Matter of Sanders v Safir, 284 AD2d 163 [2001]). Concur—Gonzalez, P.J., Tom, Sweeny, Catterson and Abdus-Salaam, JJ.