Opinion
May 9, 1995
Appeal from the Supreme Court, New York County [Lewis Friedman, J.].
Substantial evidence supports respondent's finding that petitioners obstructed traffic on the Brooklyn Bridge while off-duty and participating in a Patrolmen's Benevolent Association demonstration (300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176). The determination that such acts constituted misconduct was based on petitioners' violation of New York City Department of Transportation Traffic Rules and Regulations (34 RCNY) § 4-12 (o) (1) and § 4-07 (i), which prohibit the use of certain roadways, including the Brooklyn Bridge, by pedestrians unless signs permit such use, not their participation in a political demonstration, and thus did not implicate petitioners' First Amendment rights (see, Cox v New Hampshire, 312 U.S. 569). We have considered petitioners' other arguments and find them to be without merit.
Concur — Murphy, P.J., Ellerin, Rubin, Tom and Mazzarelli, JJ.