Legal Opinion

Matter of Gomez v. Kelly

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

Decided May 5, 2016No. 1057 113832/11Published

1Opinion of the Court

Determination of respondent Police Commissioner, dated August 8, 2011, which terminated petitioner’s employment as a 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 [Donna M. Mills, J.], entered May 1, 2012), dismissed, without costs.

The determination is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]). Such evidence, including testimony of civilian witnesses and the police…

2Cases cited4 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. Cortez v. SafirAppellate Division of the Supreme Court of the State of New York · 2000
  4. Gomez v. KellyNew York Court of Appeals · 2009

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