Reed v. Raynor

Decision Date07 June 2017
Citation56 N.Y.S.3d 259,151 A.D.3d 730
Parties In the Matter of Audrey REED, petitioner, v. Terrence RAYNOR, as Commissioner, City of Mount Vernon Police Department, et al., respondents.
CourtNew York Supreme Court — Appellate Division

Charny & Associates, Rhinebeck, NY (Russell G. Wheeler of counsel), for petitioner.

Office of the Corporation Counsel, Mount Vernon, NY (Johan Powell of counsel), for respondents.

MARK C. DILLON, J.P., JEFFREY A. COHEN, COLLEEN D. DUFFY, and FRANCESCA E. CONNOLLY, JJ.

Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the City of Mount Vernon Police Department dated October 8, 2014, made after a hearing pursuant to Civil Service Law article 75, which found the petitioner guilty of certain disciplinary charges and terminated her employment as a jail attendant.

ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

"Judicial review of an administrative determination made after a hearing at which evidence is taken pursuant to direction of law is limited to a consideration of whether that determination was supported by substantial evidence upon the whole record" (Matter of Grimaldi v. Gough, 114 A.D.3d 679, 680, 979 N.Y.S.2d 682 ; see CPLR 7803[4] ; 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 179–180, 408 N.Y.S.2d 54, 379 N.E.2d 1183 ; Matter of Solano v. City of Mount Vernon, 108 A.D.3d 676, 676–677, 969 N.Y.S.2d 528 ). "When there is conflicting evidence or different inferences may be drawn, ‘the duty of weighing the evidence and making the choice rests solely upon the [administrative agency]. The courts may not weigh the evidence or reject the choice made by [such agency] where the evidence is conflicting and room for choice exists' " (Matter of Grimaldi v. Gough, 114 A.D.3d at 680, 979 N.Y.S.2d 682, quoting Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 444, 522 N.Y.S.2d 478, 517 N.E.2d 193 ; see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d at 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183 ). Here, any credibility issues were resolved by the respondent Commissioner of the City of Mount Vernon Police Department, and we find no basis upon which to disturb the determination, which was supported by substantial evidence.

Contrary to the petitioner's contention, the penalty of termination of the petitioner's employment was not so disproportionate to the offense committed as...

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5 cases
  • Kelly v. Cnty. of Dutchess
    • United States
    • New York Supreme Court — Appellate Division
    • October 23, 2019
    ...444, 522 N.Y.S.2d 478, 517 N.E.2d 193 ). Here, any credibility issues were resolved by the hearing officer (see Matter of Reed v. Raynor, 151 A.D.3d 730, 730, 56 N.Y.S.3d 259 ), and substantial evidence in the record supports the determination that the petitioner was guilty of the misconduc......
  • Thomas v. Town of Se.
    • United States
    • New York Supreme Court — Appellate Division
    • January 23, 2019
    ...444, 522 N.Y.S.2d 478, 517 N.E.2d 193 ). Here, any credibility issues were resolved by the hearing officer (see Matter of Reed v. Raynor, 151 A.D.3d 730, 730, 56 N.Y.S.3d 259 ), and substantial evidence in the record supports the determination that the petitioner was guilty of the misconduc......
  • Barclay v. Barclay
    • United States
    • New York Supreme Court — Appellate Division
    • June 7, 2017
  • Cupo v. Uniondale Fire Dist.
    • United States
    • New York Supreme Court — Appellate Division
    • March 4, 2020
    ...444, 522 N.Y.S.2d 478, 517 N.E.2d 193 ). Here, any credibility issues were resolved by the hearing officer (see Matter of Reed v. Raynor , 151 A.D.3d 730, 730, 56 N.Y.S.3d 259 ), and substantial evidence in the record supports the determination that the petitioner was guilty of the miscondu......
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