Opinion
March 12, 1993
Appeal from the Supreme Court, Monroe County, Rosenbloom, J.
Present — Callahan, J.P., Pine, Lawton, Boomer and Davis, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Respondent's determination was supported by substantial evidence (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444; 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 179-180). The Hearing Board's resolution of credibility issues is "largely unreviewable by the courts" and we will not substitute our determination of the credibility of the witnesses for that of the Hearing Board (Matter of Berenhaus v. Ward, supra, at 443; Sierra v. McGuire, 60 N.Y.2d 720, revg on dissenting opn of Alexander, J., 91 A.D.2d 179, 185-189; Matter of Collins v. Codd, 38 N.Y.2d 269, 270-271).
Finally, we conclude that the sanction imposed, discharging petitioner from his position as a police officer, was not excessive (see, Matter of Berenhaus v. Ward, supra, at 445; Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233). "In matters of police discipline, we must accord great leeway to [respondent's] determinations concerning appropriate punishment, because [it], and not the courts, is accountable to the public for the integrity of the Department" (Matter of Berenhaus v Ward, supra, at 445). As we noted in Matter of Donofrio v. City of Rochester ( 144 A.D.2d 1027, 1028-1029, lv denied 73 N.Y.2d 708), "[r]espondents will be severely hampered in performing their obligation to the public to maintain an effective and disciplined police force if they cannot terminate police officers who deliberately make false statements during the course of formal investigations. A police department, as a quasi-military organization, demands strict discipline".