Opinion
October 8, 1998
Respondents established by substantial and uncontradicted evidence that, in the course of an integrity test, petitioner performed an illegal search and used excessive force in an assault upon an undercover police officer. In light of the proven misconduct, we do not find respondent's dismissal a disproportionate penalty, much less one that shocks our sense of fairness ( see, Pell v. Board of Educ., 34 N.Y.2d 222, 233).
Concur — Sullivan, J. P., Rubin, Tom and Saxe, JJ.