Gatto v. Brown

—Determination of respondent Police Commissioner dated December 4,1990, which suspended petitioner for 10 days, 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 [Harold Tompkins, JJ, entered June 13, 1991) dismissed, without costs.

Respondents’ determination that petitioner wrongfully kicked a civilian is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176), in particular, a videotape of the incident in question,…