Opinion
December 16, 1997
As in Matter of Morrow v. Safir ( 242 A.D.2d 217), we reject petitioner's argument that respondent's decision to dismiss him was based on his alcoholism, rather than his misconduct, while out of town to attend a memorial service for slain police officers, in twice sliding down an escalator banister in a hotel, in the nude, and in discharging a fire extinguisher without cause resulting in the hotel's evacuation in the early morning hours. Also as in Morrow (supra), the penalty of dismissal does not shock our sense of fairness. There is no merit to petitioner's argument that because his statements during the official interview pursuant to Patrol Guide § 118-9 were in response to matters that occurred while he was off duty, such statements should not have been considered ( see, Villanueva v. Simpson, 69 N.Y.2d 1034).
We have considered petitioner's other contentions and find them to be without merit.
Concur — Wallach, J. P., Rubin, Williams, Tom and Andrias, JJ.