Opinion
October 26, 1987
Appeal from the Supreme Court, Kings County (Bernstein, J.).
Ordered that the judgment is affirmed, with costs.
On this record, it cannot be said that the Civil Service Commission's affirmance of the petitioner's dismissal was "purely arbitrary" (see, Matter of City Council v. Carbone, 54 A.D.2d 461, 467). In light of the petitioner's record of nine prior violations, including one for the same infraction, dismissal for the instant offense is not "`"so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness"'" (Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233; see, Matter of Short v. Nassau County Civ. Serv. Commn., 45 N.Y.2d 721, 723). Mangano, J.P., Thompson, Lawrence and Harwood, JJ., concur.