Legal Opinion
Vallebuona v. Kerik
Appellate Division of the Supreme Court of the State of New York
Decided June 4, 2002PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Nardelli, J.P.
In this CPLR article 78 proceeding, we are asked to determine whether substantial evidence supports the finding of an Administrative Law Judge (ALJ) that petitioners used excessive force in effecting an arrest after observing an apparent robbery in progress.
On January 26, 1996, at approximately 1:00 a.m., petitioners New York City Police Officers Ernest Vallebuona and Bernard Kelly were operating out of the Staten Island Auto Larceny Unit and were on patrol in an unmarked radio motor patrol in the vicinity of Castleton Aveliue and Clove Road. The officers…
2Cases cited6 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Acosta v. WollettNew York Court of Appeals · 1981
- Scully v. SafirAppellate Division of the Supreme Court of the State of New York · 2001
- Hofsiss v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2001
- Buric v. SafirAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by4 opinions
- Café La China Corp. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
- Joseph v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2006
- Fernald v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2003
- Shuman v. New York State Racing & Wagering BoardAppellate Division of the Supreme Court of the State of New York · 2007