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MATTER OF ABBATE v. SAFIR

279 A.D.2d 260 (2001)

719 N.Y.S.2d 31

In the Matter of ANTHONY ABBATE, Petitioner, v. HOWARD SAFIR, as Police Commissioner of the City of New York, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 4, 2001.

Substantial evidence supports respondent's findings that petitioner lied at his official interview when he stated that he did not utter profanities to another officer, and, in a separate incident, was discourteous and disrespectful to another officer in uttering racial epithets in an argument. No basis exists to disturb respondent's findings of credibility (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444). Given petitioner...

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