Opinion
June 3, 1985
Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
We have reviewed the record and find substantial evidence to support the determination of the respondent commissioner that petitioner failed to respond to a lawful order of a superior officer and failed to conform to a prearranged investigative plan which resulted in the necessity of assigning all available squad personnel to search for petitioner. Issues of credibility are for the respondent commissioner ( Matter of Gisin v. Department of Public Safety, 102 A.D.2d 891). Petitioner received a fair trial and the fine of 40 days' salary is not so shocking as to warrant judicial interference ( Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of Young v. Board of Educ., 100 A.D.2d 515, 516). Mangano, J.P., Gibbons, Bracken and Kunzeman, JJ., concur.