Search for: "Safir v Safir"
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5 Aug 2015, 4:00 am
In Alfred v Safir, 283 AD2d 280, the disciplinary penalty to be imposed agreed upon by the employee and employer’s representative was made part of the record by the disciplinary hearing officer.New York City Police Commissioner Howard Safir, suspended Gary Alfred for 30 days without pay and placed him on disciplinary probation for one year following the "settlement of disciplinary charges" filed against Alfred. [read post]
17 Dec 2020, 12:00 am
"Other decisions involving administrative disciplinary charges served on police officer alleged to have associated with persons thought to have been engaged in criminal activities include Brinson v Safir, 255 AD2d 247, leave to appeal denied 93 NY2d 805; Richardson v Safir, 258 AD2d 328; Delgado v Kerik, 294 A.D.2d 227 and Hastings v City of Sherrill, 90 AD3 1586. [read post]
17 Dec 2020, 12:24 am
"Other decisions involving administrative disciplinary charges served on police officer alleged to have associated with persons thought to have been engaged in criminal activities include Brinson v Safir, 255 AD2d 247, leave to appeal denied 93 NY2d 805; Richardson v Safir, 258 AD2d 328; Delgado v Kerik, 294 A.D.2d 227 and Hastings v City of Sherrill, 90 AD3 1586. [read post]
7 Feb 2013, 4:00 am
Considering the “serious nature” of the Supervisor’s misconduct, the court said that the penalty imposed, dismissal, did not shock its sense of fairness, citing Kelly v Safir, 96 NY2d 32 and Berenhaus v Ward, 70 NY2d 436. [read post]
7 Apr 2010, 7:27 am
Disciplinary hearings held in absentiaMari v Safir, App. [read post]
16 Jun 2015, 11:00 am
Termination a reasonable disciplinary penalty under the circumstances2015 NY Slip Op 04923, Appellate Division, First DepartmentHolding that substantial evidence supported the determination that the police officer “disobeyed a lawful order of her supervisor and engaged in conduct prejudicial to the good order, efficiency or discipline of the police department,” the Appellate Division said imposing the penalty of dismissal from the police force is not so disproportionate as to shock the… [read post]
16 Jun 2015, 11:00 am
Termination a reasonable disciplinary penalty under the circumstances2015 NY Slip Op 04923, Appellate Division, First DepartmentHolding that substantial evidence supported the determination that the police officer “disobeyed a lawful order of her supervisor and engaged in conduct prejudicial to the good order, efficiency or discipline of the police department,” the Appellate Division said imposing the penalty of dismissal from the police force is not so disproportionate as to shock the… [read post]
3 Oct 2014, 4:00 am
Mari v Safir, 291 AD2d 298, sets out the general standards applied by the courts in resolving litigation flowing from challenges to the charging party going forward with a disciplinary hearing held in absentia. [read post]
22 Mar 2011, 3:50 am
Challenging administrative decisionsGomez v Safir, 271 AD2d 246The Gomez case points out a procedural trap that an individual may encounter in the event he or she delays challenging an administrative decision. [read post]
17 Jun 2020, 4:00 am
" Citing Kelly v Safir , 96 NY2d 32, the court said that in matters of police discipline "great leeway must be accorded to the Commissioner's determinations concerning the appropriate punishment, for it is the Commissioner, not the courts, who is accountable to the public for the integrity of the Department. [read post]
17 Jun 2020, 12:00 am
" Citing Kelly v Safir , 96 NY2d 32, the court said that in matters of police discipline "great leeway must be accorded to the Commissioner's determinations concerning the appropriate punishment, for it is the Commissioner, not the courts, who is accountable to the public for the integrity of the Department. [read post]
7 Jul 2017, 7:00 am
Unlawful discrimination complaint sustained notwithstanding respondent's failing to appear at the administrative hearing conducted by the NYS Division of Human RightsNew York State Div. of Human Rights v Milan Maintenance, Inc., 2017 NY Slip Op 05508, Appellate Division, First DepartmentThe Appellate Division unanimously sustained the New York State Division of Human Rights' (DHR) determination holding that Milan Maintenance, Inc., [Milan] had unlawfully discriminated… [read post]
8 Dec 2021, 7:30 am
" The Appellate Division also noted that "Where police discipline is at issue, [judicial review] must allow 'great leeway' to the Commissioner's determinations regarding the appropriate punishment" to be imposed and, citing Matter of Kelly v Safir, 96 NY2d 32, observed that it is for "... the Commissioner, not the courts, who is accountable to the public for the integrity of the Department" to determine the disciplinary penalty to be… [read post]
8 Dec 2021, 7:30 am
" The Appellate Division also noted that "Where police discipline is at issue, [judicial review] must allow 'great leeway' to the Commissioner's determinations regarding the appropriate punishment" to be imposed and, citing Matter of Kelly v Safir, 96 NY2d 32, observed that it is for "... the Commissioner, not the courts, who is accountable to the public for the integrity of the Department" to determine the disciplinary penalty to be… [read post]
22 Mar 2016, 4:00 am
”As to the penalty imposed by the appointing authority, termination, the court said that “under the circumstances,” such a penalty did not shock one's conscience or sense of fairness, citing Kelly v Safir, 96 NY2d 32.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_01775.htm___________________ A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative… [read post]
23 Feb 2016, 2:00 am
”Citing Kelly v Safir, 96 NY2d 32, rearg denied 96 NY2d 854, the Appellate Division concluded that the penalty imposed, termination, was not "so disproportionate to the offense[s] as to be shocking to one's sense of fairness" and thus did not constitute an abuse of discretion and dismissed Tamsen’s appeal.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_00785.htm _______________________The Discipline Book - A… [read post]
17 Mar 2014, 4:00 am
Further, said the court, “The penalty of termination does not shock our sense of fairness,” citing Kelly v Safir, 96 NY2d 32.The Appellate Division also considered the fact that “one of the two main witnesses relied upon by the hearing officer in reaching his conclusion had recanted his testimony” some two years later.The Commissioner, however, had denied Officer’s request for a new hearing based on “this new evidence. [read post]
4 Mar 2015, 9:30 am
Employee’s refusal to cooperate with a police investigation found to constitute misconduct2015 NY Slip Op 01740, Appellate Division, First DepartmentThe Appellate Division confirmed the determination of New York City’s Police Commissioner adopting the findings of the disciplinary Hearing Officer that a New York City police officer had engaged in misconduct, and imposing a penalty of forfeiture of 30 vacation days, a 30-day suspension, without pay, and a one-year dismissal probation… [read post]
30 Jul 2020, 4:00 am
"The court concluded that, under the circumstances, the dismissal of Petitioner from his employment with the Department did not shock its judicial conscience, citing Matter of Kelly v Safir, 96 NY2d 32, among other decisions.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2020/2020_03472.htm [read post]
25 May 2015, 6:00 am
Had been absent on “an unapproved absence” and made false statements regarding a separate purported approval of an absence.Characterizing the police officer’s offences as “serious” and noting that the Commissioner "is accountable to the public for the integrity of the Department," the Appellate Division said that the penalty of termination “does not shock our sense of fairness,” citing Kelly v Safir, 96 NY2d 32.The decision is… [read post]
