Opinion
March 15, 1990
Appeal from the Supreme Court, New York County (Edith Miller, J.).
Upon review of this record, we conclude that the Commissioner's findings are supported by substantial evidence and, therefore, should not be disturbed (300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176).
The combined credited testimony of shooting victim Charles DeGaetano and that of Detective William Demma, which related that petitioner regularly left her off-duty revolver unattended atop her bedroom nightstand, and that DeGaetano on two occasions obtained possession of the weapon and pointed it at petitioner, provided sufficient credible evidence to support the charges that petitioner twice failed to safeguard her weapon.
Finally, considering that petitioner's charged misconduct indirectly contributed to this shooting incident in which DeGaetano was rendered a paraplegic, the penalty imposed against petitioner was not so disproportionate to the offense as to shock one's sense of fairness (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222, 234).
Concur — Murphy, P.J., Kupferman, Ross, Asch and Rubin, JJ.