Opinion
Decided July 5, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.
Raymond E. Kerno for appellant.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Helen P. Brown of counsel), for respondent.
MEMORANDUM.
The judgment of the Appellate Division should be affirmed, with costs.
The record contains substantial evidence, in the testimony by Sergeant Jacobsen and petitioner's own admission at the disciplinary hearing, to support the finding by respondent commissioner that petitioner without just cause failed and neglected promptly to obey the order of his superior to bring the patrol car in which they were riding to a stop at the curb, continuing instead to drive the vehicle to the police station. Nor is there merit to petitioner's claim that the penalty of loss of four days' pay and benefits and seven days' vacation was excessive ( Matter of Pell v Board of Educ., 34 N.Y.2d 222).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), judgment affirmed, with costs, in memorandum.