Rodriguez-Rivera v. Kelly

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be reversed, with costs, and the petition dismissed.

We agree with the dissenters below that the majority improperly substituted its credibility determinations for those of the Police Commissioner (Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]), and that a rational basis exists in the record to support the Police Commissioner’s determination that petitioner failed to render all necessary police services. The Police Commissioner did not abuse his discretion in ordering the forfeiture of 15 days’ vacation time…