Miller v. Kerik

Determination of respondent Commissioner, dated July 15, 2001, which found petitioner guilty of using excessive force and directed that he be suspended for 20 days without pay, unanimously confirmed, the *268petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Michael Stallman, J.], entered December 13, 2001), dismissed, without costs.

Substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181), including the testimony of the complainant, supported the specification…