Opinion
April 14, 1997
Proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Montgomery, dated December 12, 1995, which adopted the findings of a Hearing Officer who, after a hearing, found the petitioner guilty of numerous charges of incompetence and misconduct, and dismissed him from his position as a police officer in the Town of Montgomery.
Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.
The determination under review is supported by substantial evidence ( see, Matter of Lahey v. Kelly, 71 N.Y.2d 135). Furthermore, the penalty of dismissal was not so disproportionate to the offenses committed as to be shocking to one's sense of fairness ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of Dabulis v. New York City Tr. Auth., 222 A.D.2d 433; Matter of Hickey v. Bratton, 180 A.D.2d 682; see also, Matter of Brooks v. Suardy, 222 A.D.2d 502; Matter of Ruggio v. Hammill, 207 A.D.2d 991). Bracken, J.P., Pizzuto, Florio and McGinity, JJ., concur.