Opinion
November 7, 1988
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Based upon our review of the record as a whole, we find that the factual findings made by the Hearing Officer, who saw and heard the witnesses and assessed their credibility, were based upon substantial evidence (see, CPLR 7803; 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180; Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of Sedita v. Kissinger, 66 A.D.2d 357, 361). The penalty of demotion is not so disproportionate to the offense as to be shocking in light of the seriousness of the charges, the paramilitary nature of the Police Department, and the need for police discipline (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 445; cf., Eckert v City of Newburgh, 114 A.D.2d 398, 399). The petitioner's 30-day suspension without pay pending a hearing is a penalty independent of that imposed at the posthearing stage (see, Civil Service Law § 75; see also, Matter of Rider v. Board of Trustees, 78 A.D.2d 856, 857; Cassidy v. Police Dept., 54 A.D.2d 682).
We have considered the petitioner's other contentions and find them to be without merit. Mollen, P.J., Thompson, Rubin and Eiber, JJ., concur.