Collins v. Codd
| Decision Date | 06 January 1976 |
| Citation | 38 N.Y.2d 269,379 N.Y.S.2d 733,342 N.E.2d 524 |
| Parties | , 342 N.E.2d 524 In the Matter of Thomas COLLINS, Respondent, v. Michael J. CODD, as Police Commissioner of the City of New York, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
W. Bernard Richland, Corp. Counsel, New York City (Michael Ambrosio and L. Kevin Sheridan, New York City, of counsel), for appellant.
Louis L. Stutman and William J. Stutman, New York City, for respondent.
The order of the Appellate Division should be reversed, with costs, and the determination of Police Commissioner reinstated.
At a departmental hearing on two charges or misconduct, the trial commissioner heard conflicting testimony as to the happening of events on the evening of August 2, 1972 from complainant and her daughter on the one hand and from petitioner, his partner and two fellow officers on the other. Crediting the testimony of complainant and her daughter, the hearing officer found petitioner guilty of a specification which charged that vacation.
The Appellate Division, one Justice dissenting, annulled the commissioner's determination stating that in its view of the circumstances, assertedly supported by substantial evidence, 'there was no basis for respondent's conclusion that petitioner acted unprofessionally and unjustifiably here' (46 A.D.2d 864, 865, 361 N.Y.S.2d 675, 676).
There must be a reversal. The testimony posed a clear-cut issue as to the veracity of the witnesses; and where substantial evidence exists, as it clearly does here, to support the administrator's determination, that determination must be sustained, irrespective of whether a similar quantum of evidence is available to support other varying conclusions. As Chief Judge Lehman so appropriately wrote in Matter of Stork Res. v. Boland, 282 N.Y. 256, 267, 26 N.E.2d 247, 252, ...
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