Tonry v. Bratton — 136 A.D.3d 443

Majority

p. 443

In the Matter of Robert Tonry, Petitioner, v William Bratton et al., Respondents.

[23 NYS3d 890]

— Determination of respondent Police Commissioner of the City of New York, dated September 18, 2013, which dismissed 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 Supreme Court, New York County [Paul Wooten, J.], entered July 11, 2014), dismissed, without costs.

The determination is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 , 180-181 [1978]). Such evidence demonstrated that petitioner engaged in numerous acts of misconduct, and there exists no basis to disturb the credibility determinations of the Deputy Commissioner of Trials (see Matter of Berenhaus v Ward, 70 NY2d 436 , 443 [1987]).

p. 444

Under the circumstances presented, the penalty of termination does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32 , 38 [2001]).

Concur — Tom, J.P., Friedman, Sweeny, Acosta and Andrias, JJ.

Cases cited

300 Gramatan Avenue Associates v. State Division of Human Rights 45 NY2d 176 N.Y. 1978-07-13 at 180-181 p. 443
Berenhaus v. Ward 70 NY2d 436 N.Y. 1987-11-17 at 443 p. 443
Kelly v. Safir 96 NY2d 32 N.Y. 2001-03-22 at 38 p. 444