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CARLTON FOSTER, Petitioner, v. RAYMOND KELLY, as Commissioner of the New York City Police Department, et al., Respondents.

The findings that petitioner made false and misleading statements to Department investigators and attempted to influence the testimony of a witness in an official investigation are supported by substantial evidence

( see 300 Gramatan Ave. Assoc., v State Div. of Human Rights, 45 NY2d 176). There is no basis for disturbing the hearing officer's findings of credibility ( see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of dismissal from employment does not shock the judicial conscience ( see Matter of Kelly v Safir, 96 NY2d 32).

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FOSTER v. KELLY
(Oct 21, 2008)