Opinion
3489.
Decided April 27, 2004.
Determination of respondent Police Commissioner, dated May 27, 2002, dismissing 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 [James A. Yates, J.], entered on or about February 25, 2003) dismissed, without costs.
Law Office of Raymond E. Kerno, Mineola (Raymond E. Kerno of counsel), for petitioner.
Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for respondents.
Before: Nardelli, J.P., Saxe, Sullivan, Gonzalez, JJ.
Substantial evidence supports respondent's findings that petitioner, while off duty, was present at a place known to be a brothel, that three days later, while on duty, petitioner solicited sex from prostitutes at that brothel in exchange for a promise of protection against arrest, and that in his official interview, petitioner falsely stated that his off-duty visit to the brothel was in an attempt to sign up a confidential informant. No basis exists to disturb the Hearing Officer's findings of credibility ( see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444). The penalty of dismissal does not shock our sense of fairness ( see Matter of Hogan v. Kelly, A.D.3d 2004 N.Y. App. Div Lexis 1996).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.