Opinion
March 7, 1995
Appeal from the Supreme Court, New York County [Joan Lobis, J.].
Testimony adduced at petitioner's disciplinary hearing that petitioner wilfully filed a criminal complaint affidavit falsely affirming that he was the arresting officer and that he witnessed the crimes perpetrated by the individual arrested constitutes substantial evidence justifying respondents' determination to suspend petitioner (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222). Considering the seriousness of the charges, the penalty was not so disproportionate to the offense as to be shocking to one's sense of conscience (see, Matter of Pell v Board of Educ., supra, at 233).
Concur — Kupferman, J.P., Ross, Asch, Nardelli and Mazzarelli, JJ.