Opinion
628
March 27, 2003.
Determination of respondent Police Commissioner, dated May 14, 2001, which dismissed petitioner from his position as a police officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Louise Gruner Gans, J.], entered April 9, 2002), dismissed, without costs.
Jeffrey L. Goldberg, for petitioner.
Grace Goodman, for respondents.
Before: Buckley, P.J., Nardelli, Andrias, Ellerin, Friedman, JJ.
No basis exists to disturb the credibility findings of the Hearing Officer (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444), and the penalty of dismissal does not shock our sense of fairness (see Matter of Kelly v. Safir, 96 N.Y.2d 32, 38). We have considered petitioner's other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.