Opinion
3480.
Decided April 27, 2004.
Determination of respondent Commissioner, dated September 13, 2002, dismissing petitioner from his position as a New York City 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 [Diane A. Lebedeff, J.], entered May 13, 2003) dismissed, without costs.
London Worth, LLP, New York (Howard B. Sterinbach of counsel), for petitioner.
Michael A. Cardozo, Corporation Counsel, New York (Norman Corenthal of counsel), for respondents.
Before: Nardelli, J.P., Saxe, Sullivan, Gonzalez, JJ.
Substantial evidence ( see Matter of Pell v. Bd. of Educ., 34 N.Y.2d 222, 231), including documentary submissions and testimony by a parole officer and an Internal Affairs investigator, supports respondents' findings that petitioner is guilty of specified misconduct, including accepting money from automotive and medical service providers for recommending them to automobile accident victims and engaging in unauthorized employment.
The penalty imposed is not, in light of the proven misconduct, shocking to our sense of fairness ( see Matter of Kelly v. Safir, 96 N.Y.2d 32, 39-40).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.