Opinion
November 9, 1989
Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).
In reviewing the record, we find that there was substantial evidence in the record to support the Commissioner's determination that petitioner failed to report for work for five consecutive duty days, that he failed to report to his resident precinct after being suspended, that he was not present at his residence after calling in sick, that he failed to report the loss of his off-duty revolver and similarly failed to safeguard same (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176). Furthermore, the sanction imposed was not so disproportionate to the offenses as to be shocking to one's sense of fairness, particularly in light of petitioner's prior discipline for loss of his service revolver (Matter of Pell v Board of Educ., 34 N.Y.2d 222). Much deference is to be accorded to the agency's determination regarding the penalty imposed (Matter of Ahsaf v Nyquist, 37 N.Y.2d 182), particularly where matters of internal discipline in the Police Department are concerned (see, Matter of Meyer v Rozzi, 108 A.D.2d 859, 860).
Concur — Sullivan, J.P., Ross, Milonas, Ellerin and Rubin, JJ.