Opinion
June 30, 1992
Appeal from the Supreme Court, New York County, Bruce McM. Wright, J., William J. Davis, J.
Both petitioners were found guilty, after a hearing, of using unreasonable force against an inmate, submitting false reports about the incident, and giving false statements to investigators, the Administrative Law Judge finding their testimony to be incredible.
Viewing the record as a whole, the determination was supported by substantial evidence (Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444), and, in light of all the circumstances, the penalty imposed was not so disproportionate to the offense as to be shocking to one's sense of fairness (Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233-235).
Concur — Milonas, J.P., Ellerin, Kupferman, Ross and Smith, JJ.