Majority
p. 161In the Matter of Frank Titone, Petitioner, v Howard Safir, as Police Commissioner of the City of New York, et al., Respondents. [717 NYS2d 55]
—Determination of respondent Police Commissioner dated January 25, 1999, dismissing petitioner from his position 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 the Supreme Court, New York County [William Davis, J.], entered July 29, 1999), dismissed, without costs.
p. 162
Substantial evidence, including petitioner’s admissions, supports respondent’s findings that petitioner stole evidence that he had seized and believed to be evidence of a crime. No basis exists to disturb respondent’s findings of credibility bearing upon petitioner’s intent to steal (see, Matter of Berenhaus v Ward, 70 NY2d 436 , 443-444). The penalty of dismissal does not shock our sense of fairness. Concur — Rosenberger, J. P., Nardelli, Ellerin, Lerner and Andrias, JJ.
Cases cited
- Berenhaus v. Ward 70 NY2d 436 at 443-444 p. 162