Opinion
2002-00529
Submitted January 21, 2003.
February 24, 2003.
Proceeding pursuant to CPLR article 78 to review a determination of the respondents, dated April 27, 2001, which adopted the recommendation of a Hearing Officer, made after a hearing, finding the petitioner guilty of certain charges of misconduct, and terminated his employment as a police officer with the Nassau County Police Department.
Schlachter Mauro, Commack, N.Y. (Reynold A. Mauro of counsel), for petitioner.
Lorna B. Goodman, County Attorney, Mineola, N.Y. (Dennis J. Saffran and David B. Goldin of counsel), for respondents.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, SONDRA MILLER, SANDRA L. TOWNES, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The respondents' determination to adopt the finding that the petitioner was guilty of two counts of engaging in unlawful conduct, one count of engaging in conduct unbecoming an officer, and one count of making or submitting, or causing to be submitted, a false official communication, record, or statement, is supported by substantial evidence in the record (see Matter of Curto v. Cosgove, 256 A.D.2d 407). The respondents' determination regarding the appropriate internal discipline to be imposed is entitled to great deference and, under the circumstances of this case, will not be disturbed (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 445; Matter of Gamma v. City of Newburgh, 277 A.D.2d 236). In light of the petitioner's prior disciplinary record, the penalty imposed is not "so disproportionate to the offenses as to be shocking to one's sense of fairness" (Matter of Kelly v. Safir, 96 N.Y.2d 32, 38; see Matter of Toth v. Nassau County Police Dept., 296 A.D.2d 575).
The petitioner's remaining contentions are without merit.
RITTER, J.P., ALTMAN, S. MILLER and TOWNES, JJ., concur.