Mercado v. Kerik

—Determination of respondent Police Commissioner, dated June 14, 2000, finding petitioner guilty of using excessive force in the performance of his duties by striking a civilian in the head with a police radio, and imposing a penalty of 10 days suspension, 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 [Marcy Friedman, J.], entered on or about January 18, 2001), dismissed, without costs.

Respondent’s findings that petitioner struck a civilian with his police radio is…