Opinion
December 22, 1992
Appeal from the Supreme Court, New York County, Shirley Fingerhood, J.
Substantial evidence supports the determination that, as to specification one, petitioner was absent from his post without authorization or proper police necessity, on December 19, 1988, from 6:00 P.M. to 7:45 P.M. in that he and another officer went to the home of the latter's girlfriend; as to specification two, petitioner admitted that he was absent from his post, on December 19, 1988, at about 9:10 P.M., when, without authorization, he took another officer to a repair shop located off the post; and, as to specification three, petitioner falsified Department records, namely, a witness injury report and an aided card concerning the location where another officer had been injured, for purposes of a line-of-duty determination. We find no reason to disturb either the credibility findings of the Hearing Officer (Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444), or the penalty (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 233).
Concur — Murphy, P.J., Milonas, Rosenberger, Kassal and Rubin, JJ.