Appellate Division of the Supreme Court of New York, 2002

Miller v. Kerik

Appellate Division of the Supreme Court of New York · Decided November 21, 2002

299 A.D.2d 267; 749 N.Y.S.2d 717; 2002 N.Y. App. Div. LEXIS 11256

Cases that cite this one

1 later published case cites this decision.

Quinn v. Kerik (Appellate Division of the Supreme Court of New York 2003)

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 Commissioner, dated July 15, 2001, which found petitioner guilty of using excessive force and directed that he be suspended for 20 days without pay, unanimously confirmed, the *268petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Michael Stallman, J.], entered December 13, 2001), dismissed, without costs.

Substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181), including the testimony of the complainant, supported the specification charging petitioner with using excessive force by striking a civilian in the nose while he was handcuffed. No basis exists to disturb respondent’s findings of credibility (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty imposed does not shock our sense of fairness (see id. at 445; Matter of Hickey v Ward, 161 AD2d 495). Concur — Saxe, J.P., Buckley, Rosenberger, Lerner and Gonzales, JJ.

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