Scott v. Kelly

Determination of respondent Police Commissioner, dated December 31, 2001, suspending petitioner from his position as a New York City police officer for 15 days without pay, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Saralee Evans, J.], entered July 29, 2002), dismissed, without costs.

Respondent’s finding that petitioner had used excessive force against an arrestee is supported by substantial evidence, including the testimony of the complainant (see Matter of…