Legal Opinion

Kim v. Kelly

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

Decided March 21, 2013PublishedCited by 3 opinions

1Opinion of the Court

Determination of respondent Commissioner, dated March 29, 2011, which terminated petitioner’s employment as a New York City police officer, 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 [Robert E. Torres, J.], February 8, 2012), dismissed, without costs.

Substantial evidence supports the finding that petitioner submitted a false mortgage application (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180 [1978]). The evidence shows that the…

2Cases cited3 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Berenhaus v. WardNew York Court of Appeals · 1987
  3. Kelly v. SafirNew York Court of Appeals · 2001

3Cited by3 opinions

  1. Matter of Arroyo v. O'NeillAppellate Division of the Supreme Court of the State of New York · 2019
  2. Matter of Artiles v. KellyAppellate Division of the Supreme Court of the State of New York · 2018
  3. Matter of Lurie v. New York City Dept. of Educ.Appellate Division of the Supreme Court of the State of New York · 2026

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