Opinion
April 5, 1985
Appeal from the Supreme Court, Herkimer County, Aloi, J.
Present — Hancock, Jr., J.P., Doerr, Boomer, Green and O'Donnell, JJ.
Determination unanimously confirmed and petition dismissed, without costs. Memorandum: In this CPLR article 78 proceeding, petitioner seeks review of a determination of the Dolgeville Village Board terminating his employment as a police officer. Petitioner was charged with negligent operation of department vehicles, filing a false accident report and dereliction of duty. The hearing officer found that petitioner was guilty of all of the charges, but that termination of his employment was warranted based only on his misconduct involving the accident report.
We conclude that the determination was based on substantial evidence in the record. Discrepancies between two reports prepared by petitioner describing the accident, as well as testimony that no evidence was found supporting petitioner's account of the accident, raised the issue of petitioner's credibility. The hearing officer found petitioner's version of the accident to be incredible. Since the hearing officer has the opportunity to observe the demeanor and conduct of the witnesses, his findings should be accorded considerable weight ( Matter of Simpson v. Wolansky, 38 N.Y.2d 391, 394).
We also conclude that the punishment imposed was not "`"so disproportionate to the offense, in the 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; Matter of Doino v Laehy, 100 A.D.2d 744, affd 63 N.Y.2d 663). In addition to weighing the penalty against the nature and consequences of the offense, the protection of public interests must be considered ( see, Matter of Darling v. Hastings, 64 A.D.2d 857). Inasmuch as the misconduct involved the falsification of an accident report and false statements to the Village Board, actions "which could tend to destroy the public's confidence in [petitioner's] integrity and honesty as a police officer" ( Madry v. Veteran, 70 A.D.2d 930, 931, lv denied 48 N.Y.2d 606; see also, Matter of Bigelow v. Board of Trustees, 98 A.D.2d 933, lv granted 62 N.Y.2d 603), the sanction imposed was justified.