Administrative

In the Matter of Elmer Martinez, Petitioner, v. Howard Safir, as Police Commissioner of the City of New York, et al., Respondents

254 A.D.2d 40678 N.Y.S.2d 716·New York Supreme Court, Appellate Division·1998·NY

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Opinion

In the Matter of Elmer Martinez, Petitioner, v Howard Safir, as Police Commissioner of the City of New York, et al., Respondents. [678 NYS2d 716] [MAJORITY] Determination of respondent Police Commissioner dated February 19, 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 [Beatrice Shainswit, J.], entered June 10, 1997), dismissed, without costs. Substantial evidence supports respondents’ determination that petitioner stole more than $4,000 from a civilian’s apartment while on duty. No basis exists to disturb respondents’ credibility findings. Concur — Sullivan, J. P., Milonas, Nardelli and Tom, JJ.