Castro v. Safir
Cases that cite this one
2 later published cases cite this decision.
- Latino Officers Ass'n v. City of New York (District Court, S.D. New York 2003)
- Duncan v. Kelly (Appellate Division of the Supreme Court of New York 2007)
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 December 30, 1998, which dismissed petitioner from his position as a police sergeant, 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 [Franklin Weissberg, JJ, entered July 13, 1999), dismissed, without costs.
Substantial evidence supports respondent’s finding that petitioner’s admitted failure, in his first official departmental interview, to give an accurate account of his role in the matter under investigation was not due to the faulty recollection he claimed in his second interview and in the disciplinary proceeding, but was rather a deliberate falsehood likely intended to protect a fellow officer who was dismissed from the force between petitioner’s two interviews. No basis exists to disturb respondent’s findings of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness (cf., Matter of Donofrio v City of Rochester, 144 AD2d 1027, 1028-1029). Concur — Rosenberger, J. P., Wallach, Saxe, Buckley and Friedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.