IN RE: Application of Isaac WRIGHT (1997)

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

IN RE: Application of Isaac WRIGHT, Petitioner, For a Judgment, etc., v. William J. BRATTON, etc., et al., Respondents.

Decided: November 13, 1997

Before SULLIVAN, J.P., and MILONAS, ROSENBERGER and WILLIAMS, JJ.

Raymond E. Kerno, for petitioner. Stephen J. McGrath, for respondents.

Determination of respondent Police Commissioner dated September 29, 1996, which found petitioner guilty of wrongfully striking a handcuffed prisoner and imposed a penalty of forfeiture of 10 vacation days, 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 [Carol Arber, J.], entered July 23, 1996), dismissed, without costs.

The determination that petitioner wrongfully struck a handcuffed prisoner is supported by substantial evidence (Matter of Purdy v. Kreisberg, 47 N.Y.2d 354, 358, 418 N.Y.S.2d 329, 391 N.E.2d 1307; Matter of Pell v. Board of Education, 34 N.Y.2d 222, 230-232, 356 N.Y.S.2d 833, 313 N.E.2d 321). Issues relating to the witnesses' credibility were for respondents to resolve (Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 522 N.Y.S.2d 478, 517 N.E.2d 193).

MEMORANDUM DECISION.

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