Foster v Kelly

Foster v Kelly 2008 NY Slip Op 07960 [55 AD3d 403] October 21, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 10, 2008

Carlton Foster, Petitioner,
v
Raymond Kelly, as Commissioner of the New York City Police Department, et al., Respondents.

—[*1] Beldock Levine & Hoffman LLP, New York (Jonathan C. Moore of counsel), for petitioner.

Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for respondents.

Determination of respondent Commissioner, dated April 26, 2007, terminating petitioner's employment as a police officer, unanimously confirmed, the petition denied, and this CPLR article 78 proceeding (transferred to this Court by order of Supreme Court, New York County [Shirley Werner Kornreich, J.], entered March 3, 2008), dismissed, without costs.

The findings that petitioner made false and misleading statements to Department investigators and attempted to influence the testimony of a witness in an official investigation are supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]). There is no basis for disturbing the hearing officer's findings of credibility (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]). The penalty of dismissal from employment does not shock the judicial conscience (see Matter of Kelly v Safir, 96 NY2d 32 [2001]). Concur—Mazzarelli, J.P., Catterson, McGuire, Acosta and Renwick, JJ.