In an administrative disciplinary hearing, conflicting testimony merely "raised issues of credibility" for the hearing officer to resolve
Matter of Weymer v New York State Div. of State Police, 2010 NY Slip Op 05779, Appellate Division, Second Department
Harry J. Corbitt, the Superintendent of the New York State Division of State Police, adopting the findings of a hearing board made that Craig J. Weymer “improperly impounded a motor vehicle and failed to act in a courteous, dignified, and businesslike manner in violation of New York State Police Rules and Regulations.”
The Superintendent also adopted the hearing boards finding that Weymer “acted in a manner tending to bring discredit upon the New York State Division of State Police in violation of the New York State Police Rules and Regulations.”
The penalty imposed: Weymer was formally censured and suspended for one day without pay.
The Appellate Division rejected Weymer’s appeal, holding that the determination was supported by substantial evidence.” Further, said the court, although there were a few instances of conflicting testimony, this merely "raised issues of credibility for the Hearing [Board] to resolve," citing Leong v Safir, 259 AD2d 751.
As to Weymer’s challenge to the penalty imposed, the Appellate Division concluded that the penalty imposed was not "so disproportionate to the offenses as to be shocking to one's sense of fairness." Accordingly, it did not constitute an abuse of discretion as a matter of law.
The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2010/2010_05779.htm
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