IN RE: Application of Wayne BROWN

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

IN RE: Application of Wayne BROWN, Petitioner, v. Howard SAFIR, as Police Commissioner of the City of New York, et al., Respondents.

Decided: February 18, 1999

SULLIVAN, J.P., ELLERIN, LERNER and RUBIN, JJ. Edwin Ira Schulman, for Petitioner. Susan Choi-Hausman, for Respondents.

Determination of respondent Police Commissioner dated April 9, 1997, 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 [Diane Lebedeff, J.], entered November 29, 1997), dismissed, without costs.

 Respondents' findings that petitioner endangered the welfare of a child and engaged in criminal solicitation are supported by substantial evidence, including, in particular, the complainant's testimony.   No basis exists to disturb respondents' 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).  The penalty of dismissal does not shock our sense of fairness (see, Matter of McDonald v. Safir, 254 A.D.2d 234, 679 N.Y.S.2d 60).


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