IN RE: Application of Edward RICHARDSON (1999)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of Edward RICHARDSON, Petitioner, For a Judgment, etc., v. Honorable Howard SAFIR, as Police Commissioner of the City of New York, et al., Respondents.

Decided: February 11, 1999

WILLIAMS, J.P., WALLACH, ANDRIAS and SAXE, JJ.

Bonita Zelman, for Petitioner. Jane S. Earle, for Respondents.

Determination of respondent Police Commissioner dated December 11, 1996, 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 Supreme Court, New York County [Phyllis Gangel-Jacob, J.], entered on or about September 2, 1997), dismissed, without costs.

Respondent's findings that petitioner knowingly associated with a person he reasonably believed was engaged in criminal activity, and made false and misleading statements in an official Department investigation, are supported by substantial evidence, including, in particular, petitioner's own testimony in the official investigation. No basis exists to disturb respondent's credibility findings (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444, 522 N.Y.S.2d 478, 517 N.E.2d 193). We have considered petitioner's other arguments, including that the penalty of dismissal is unduly harsh, and find them to be without merit.

MEMORANDUM DECISION.

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