Opinion
December 10, 1990
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Substantial evidence in the record supports the determination of the respondent Sheriff of Suffolk County finding the petitioner guilty of refusing to answer and answering untruthfully certain questions posed to him during an official investigation by the Internal Affairs Section in violation of sections 1.9 and 2.8 of the Suffolk County Sheriff's Department Operations and Procedures Guide (see, CPLR 7803; see generally, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 230, 231). A police force is a quasi military organization demanding strict discipline (see, Matter of De Bois v. Rozzi, 114 A.D.2d 848) and great deference is to be accorded to determinations regarding the internal discipline of its members (see, Richichi v. Galligan, 136 A.D.2d 616). In addition, we find no merit to the petitioner's contentions that his rights to counsel and due process were violated.
The petitioner's conduct during the official investigation by the Internal Affairs Section cannot be abided since such behavior poses a serious threat to the discipline and efficiency of the agency's operation (see, Matter of Billings v. County of St. Lawrence, 139 A.D.2d 809, 810; Richichi v. Galligan, supra). Under the circumstances, we find that the penalty imposed was not so disproportionate to the offenses as to be "shocking to one's sense of fairness" (Matter of Pell v. Board of Educ., supra, at 234). Lawrence, J.P., Sullivan, Rosenblatt and Miller, JJ., concur.