Kelly v. Safir

—Determination of respondent Commissioner of the New York City Police Department, dated September 15, 1997, terminating petitioner’s employment as a police sergeant, unanimously modified, on the facts, to vacate the penalty of dismissal, the matter remanded to respondent for imposition of a lesser penalty and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Ronald Zweibel, J.], entered on or about May 20, 1998) otherwise disposed of by confirming the remainder of the determination, without costs.

Substantial evidence…