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Failure to supervise

Failure to supervise
Matter of Sanchez v Kelly, 2008 NY Slip Op 08427, decided on November 6, 2008, Appellate Division, First Department

Police Commissioner Raymond Kelly accepted the findings of a disciplinary hearing officer that New York City Police Sergeant Jose Sanchez was guilty of failing to prepare a Fitness for Duty Report as directed by his superiors and that he failed to supervise detectives in connection with an incident involving two uniformed, on-duty, intoxicated detectives.

The Appellate Division sustained the Commissioner?s action, holding that the hearing officer's findings were supported by substantial evidence, including testimony of a lieutenant who required Sanchez?s assistance at the scene.

Further, said the court, ?No basis exists to disturb the hearing officer's findings of credibility? of the witnesses testifying against Sanchez.

The Appellate Division then sustained the disciplinary penalty imposed on Sanchez by Kelly, ? the forfeiture of 20 days of vacation.

The full text of the decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_08427.htm

Full post as published by New York Public Personnel Law on November 07, 2008 (boomark / email).