Legal Opinion

Kane v. Kerik

Appellate Division of the Supreme Court of the State of New York

Decided May 12, 2005Published

1Opinion of the Court

*283Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered May 3, 2004, which denied the petition brought pursuant to CPLR article 78 to annul respondent Commissioner’s determination to terminate petitioner’s employment as a police officer summarily, unanimously affirmed, without costs.

The court correctly adopted the Special Referee’s report and recommendation, rendered after a hearing, which credited respondents’ testimony and other evidence, and found that petitioner had failed to produce any evidence beyond his own self-serving testimony and self-created memo book. Since…

2Cases cited2 opinions

  1. York v. McGuireNew York Court of Appeals · 1984
  2. Wilson v. BrattonAppellate Division of the Supreme Court of the State of New York · 1999

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