Opinion
January 30, 1990
Appeal from the Supreme Court, New York County (Myriam Altman, J.).
Petitioner was an undercover narcotics officer charged with misappropriating $20 in prerecorded buy money and falsely recording the purchase price of an undercover buy.
Respondent's determination was supported by substantial evidence and was rationally based. (CPLR 7803; Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 230.) It is well established that the Hearing Officer is in a unique and advantageous position to assess issues of credibility and therefore the court will not substitute its judgment for that of a Hearing Officer if conflicting testimony exists. Nor do the facts in this case indicate that "the punishment is so disproportionate to the offense as to be shocking to one's sense of fairness" so as to warrant disturbing the respondent Commissioner's exercise of his reasonable discretion (Matter of Pell v. Board of Educ., supra, at 237).
Concur — Murphy, P.J., Sullivan, Ross, Rosenberger and Ellerin, JJ.