From Casetext: Smarter Legal Research

Matter of Boyce v. Ward

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 1990
158 A.D.2d 319 (N.Y. App. Div. 1990)

Opinion

February 8, 1990

Appeal from the Supreme Court, New York County (Walter Schackman, J.).


Upon review of this record, we conclude that the Commissioner's findings are supported by substantial evidence and, therefore, should not be disturbed. (300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176.) The Police Department's sole eyewitness testified that petitioner had attempted to utilize his position as a police officer to solicit oral sex at the Miyako Massage Parlour and, when rebuffed, had gone on a drunken rampage with his three companions, also police officers, which included the acts of urinating on a table containing food valued at $250 and damaging walls, doors, and light fixtures. This testimony, which was fully credited by the Hearing Officer, was sufficient to support the charges, and did not require corroboration. (Matter of Berenhaus v Ward, 70 N.Y.2d 436. )

We further find that the sanction imposed was not so disproportionate to the offenses as to shock one's sense of fairness. (See, Matter of Pell v Board of Educ., 34 N.Y.2d 222, 234.) Much deference is to be accorded an agency's imposition of penalties (Matter of Ahsaf v Nyquist, 37 N.Y.2d 182), particularly where matters of internal discipline in the Police Department are concerned. (Matter of Meyer v Rozzi, 108 A.D.2d 859, 860.)

Concur — Sullivan, J.P., Ross, Rosenberger, Kassal and Wallach, JJ.


Summaries of

Matter of Boyce v. Ward

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 1990
158 A.D.2d 319 (N.Y. App. Div. 1990)
Case details for

Matter of Boyce v. Ward

Case Details

Full title:In the Matter of KENNETH BOYCE, Petitioner, v. BENJAMIN WARD, as Police…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 8, 1990

Citations

158 A.D.2d 319 (N.Y. App. Div. 1990)
551 N.Y.S.2d 7

Citing Cases

Wernik v. Wayne Circuit Judge

Such was the situation in Guthrie v. Leelanau Circuit Judge, 197 Mich. 321, where Guthrie was the only…

Utilities Commission v. Telephone Co.

It has been suggested that inasmuch as the parties raise no objections to the jurisdiction of the court, the…