Opinion
November 2, 1987
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
The petitioner's claim that the determination was made in violation of his right to due process because the rule he was charged with violating was allegedly overbroad and vague was not raised before the administrative tribunal, and therefore, the issue is not properly before this court (see, Matter of Gonzalez v. State Liq. Auth., 30 N.Y.2d 108; Matter of J B Auto Salvage v Melton, 81 A.D.2d 615, lv denied 53 N.Y.2d 609).
We find substantial evidence in the record to support the determination that the petitioner violated article 8, rule 15, subdivision 2 of the Nassau County Police Department Rules and Regulations by failing to immediately report damage to his patrol vehicle sustained during his tour of duty on February 7, 1983.
We further find that the penalty imposed was not so disproportionate to the offense as to be shocking to one's sense of fairness (see, e.g., 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231). Thompson, J.P., Brown, Rubin and Harwood, JJ., concur.