IN RE: Application of Pashk KALABA (2000)

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

IN RE: Application of Pashk KALABA, Petitioner, v. Howard SAFIR, etc., Respondent.

Decided: January 13, 2000

ROSENBERGER, J.P., MAZZARELLI, WALLACH and SAXE, JJ.

Scott T. Horn, for Petitioner. Jane L. Gordon, for Respondent.

Determination of respondent Police Commissioner, dated April 8, 1998, 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 [Robert Lippman, J.], entered on or about December 17, 1998) dismissed, without costs.

Respondent's findings that petitioner, while off duty, menaced a bus driver with a gun, and approximately a month later was involved in a verbal and physical altercation with traffic enforcement agents who were ticketing a car, during which petitioner injured the agents, were necessarily based on witness credibility, and are not subject to judicial review (see, Matter of Pesante v. Abate, 211 A.D.2d 504, 621 N.Y.S.2d 556). The penalty does not shock our sense of fairness.

MEMORANDUM DECISION.

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