Opinion
Argued May 7, 1999
June 21, 1999
Proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the Village of Haverstraw, dated April 21, 1997, which, after a hearing, found that the petitioner was guilty of assault and insubordination, and dismissed him from his position as a Police Officer in the Village of Haverstraw.
Trager, Cronin Byczek, LLP, Lake Success, N.Y. (Raymond E. Kerno and Richard Bunyan of counsel), for petitioner.
Keane Beane, P.C., White Plains, N.Y. (Lance H. Klein and Stephanie M. Orefice of counsel), for respondents.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.
The determination under review is supported by substantial evidence ( see, Matter of Lahey v. Kelly, 71 N.Y.2d 135). Furthermore, the penalty of dismissal was not so disproportionate to the offense committed as to be shocking to one's sense of fairness ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of Dabulis v. New York City Tr. Auth., 222 A.D.2d 433; Matter of Hickey v. Bratton, 180 A.D.2d 682; see also, Matter of Brooks v. Suardy, 222 A.D.2d 502; Matter of Ruggio v. Hammill, 207 A.D.2d 991).