Opinion
April 30, 1998
Respondents' determination that petitioner engaged in conduct prejudicial to the Police Department and provided false testimony at a departmental interview is supported by substantial evidence ( see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436), including testimony by Internal Affairs Bureau officers that petitioner utilized various improper tactics to enable his uncle to monopolize the corner where he operated his food cart, and a videotape of relevant events occurring on January 23 and 24, 1996, contradicting petitioner's testimony at a departmental interview. Petitioner's retraction of that testimony was properly rejected, coming as it did only after petitioner realized that his interviewer knew he was testifying falsely.
Testimony by an Internal Affairs officer respecting allegations of attempted bribery made against petitioner by an unlicensed vendor, although hearsay, was not precluded at petitioner's administrative hearing ( see, Matter of LaFemina v. Brown, 194 A.D.2d 405).
Finally, the penalty of dismissal is not so disproportionate to the offenses that petitioner was found to have committed as to be shocking to our sense of fairness ( see, Trotta v. Ward, 77 N.Y.2d 827).
Concur — Sullivan, J.P., Ellerin, Rubin, Williams and Andrias, JJ.