Opinion
April 11, 1991
Appeal from the Supreme Court, New York County, [Phyllis Gangel-Jacob, J.].
The petitioner was charged with a variety and number of violations of the Correction Department's Rules and Regulations, ranging from sick leave violations to violence against a woman. After a hearing, the ALJ recommended a penalty of dismissal citing petitioner's furnishing of false information and propensity toward violence concerning his encounter with the woman who testified at the hearing. A review of the record shows that the determination of the Correction Commissioner to dismiss the petitioner was based upon substantial evidence and the punishment was not shocking to the senses. (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 240.)
Concur — Murphy, P.J., Milonas, Ellerin, Ross and Rubin, JJ.