Opinion
March 17, 1998
Appeal from the Supreme Court, New York County (Paula Omansky J.).
Since petitioners had each been convicted of a crime following a full trial, it was within the Commissioner's discretion to dismiss them without an administrative hearing pursuant to Administrative Code of the City of New York § 14-115 (a). The provisions of Public Officers Law § 30 (1) (e) and the Court of Appeals' interpretation of that statute in Matter of Duffy v. Ward ( 81 N.Y.2d 127) are inapplicable, since petitioners were removed pursuant to the Commissioner's aforecited discretionary power, which neither Public Officers Law § 30 (1) (e) nor Civil Service Law §§ 75 and 76 was intended by the Legislature to repeal or supersede ( see, Matter of City of New York v. MacDonald, 201 A.D.2d 258, 259, lv denied 83 N.Y.2d 759).
That police officers are held to a higher standard than certain other civil servants is not violative of due process, since the heightened standard bears a rational relation to maintaining the utmost integrity and respect for law in those who are charged with its enforcement ( see, Walter v. City of N.Y. Police Dept., 244 A.D.2d 205).
Finally, the penalty of termination was not, in the case of either petitioner, so disproportionate as to shock our sense of fairness ( see, Trotta v. Ward, 77 N.Y.2d 827; Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 445).
Concur — Ellerin, J. P., Wallach, Rubin, Tom and Saxe, JJ.