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Whiting v. Village of Old Brookville Police Department
Citations: 220 A.D.2d 600; 632 N.Y.S.2d 629; 1995 N.Y. App. Div. LEXIS 10257
Court: Appellate Division of the Supreme Court of the State of New York; October 16, 1995; New York; State Appellate Court
A proceeding was initiated under CPLR article 78 to review the Old Brookville Board of Police Commissioners' determination, dated December 1, 1993, which upheld a Hearing Officer's findings that the petitioner had violated police department rules, resulting in his dismissal. The court confirmed the Board's decision and dismissed the proceeding, concluding that the determination was supported by substantial evidence. Judicial review of administrative decisions is limited to assessing whether substantial evidence exists to support the decision, defined as relevant proof adequate for a reasonable mind to accept the conclusion. The court noted that the Hearing Officer's credibility assessments of witnesses are typically not subject to court review due to reliance on the record. The court found that the dismissal penalty was not disproportionate to the offense and that the petitioner's additional arguments lacked merit. The decision was concurred by Judges Thompson, Altman, Goldstein, and Florio.