Mieles v. Safir
Cases that cite this one
5 later published cases cite this decision.
- HANLON, CHRISTIAN v. NEW YORK STATE POLICE (Appellate Division of the Supreme Court of New York 2015)
- Hanlon v. New York State Police (Appellate Division of the Supreme Court of New York 2015)
- Hanlon v. New York State Police (Appellate Division of the Supreme Court of New York 2015)
- Taylor v. New York State Division of State Police (Appellate Division of the Supreme Court of New York 2006)
- Yashua Amen Shekhem El Bey v. New York City Department of Correction (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Determination of respondent Police Commissioner, dated October 16, 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 [Barbara Kapnick, J.], entered May 12, 1999) dismissed, without costs.
Substantial evidence supports respondent’s findings that petitioner, inter alia, used false pretenses to trick the owner of a broken-down vehicle into giving him the title thereto, removed the vehicle from the street and sold it to a salvage company. No basis exists to disturb the Hearing Officer’s findings of credibility. There is no merit to petitioner’s argument that the charge specifying such “unauthorized exercise of [petitioner’s] official functions,” in violation of section 104-01 (at 3, 4) of the Police Department Patrol Guide’s prohibition against “conduct prejudicial to good order, efficiency or discipline of the department,” was barred by the 18-month Statute of Limitations in Civil Service Law § 75 (4). The misconduct charged also constituted the crime of official misconduct (Penal Law § 195.00 [1]), which is expressly excluded from the time bar of section 75 (4) (see, Matter of McFarland v Abate, 203
Case-law data current through December 31, 2025. Source: CourtListener bulk data.