Opinion
Argued October 22, 2001.
November 5, 2001.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Trustees of the Village of Haverstraw dated November 22, 1999, which, after a hearing, found the petitioner guilty of charges of misconduct, and terminated his employment as a police officer of the Village of Haverstraw.
Maureen McNamara, Garnerville, N.Y., for petitioner.
Keane Beane, P.C., White Plains, N.Y. (Stephanie M. Roebuck and Lance H. Klein of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioner's contention, there is no evidence that the respondent Board of Trustees of the Village of Haverstraw (hereinafter the Board) ceded its decision-making authority to the Village of Haverstraw Police Department (hereinafter the Police Department) or otherwise denied him a fair hearing, when it used portions of the Police Department's post-hearing brief in writing its determination (cf., Schweiker v. McClure, 456 U.S. 188; In re Murchison, 349 U.S. 133; Matter of Corning Glass Works v. Ovsanik, 84 N.Y.2d 619; Matter of General Motors Corp. — Delco Prods. Div. v. Rosa, 82 N.Y.2d 183). Furthermore, the Board's determination was supported by substantial evidence in the record, including the petitioner's admissions made at his plea allocution on the related criminal charges (see, Matter of Lahey v. Kelly, 71 N.Y.2d 135, 140; 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 179).
The petitioner's remaining contentions are unpreserved for appellate review, since he failed to assert them at either the hearing (see, Matter of Corona Ready Mix v. State of N.Y. Dept. of Motor Vehicle Traffic Violations Bur. Appeals Bd., 226 A.D.2d 630; Matter of Old Dock Assoc. v. Sullivan, 150 A.D.2d 695), or in his petition to the Supreme Court (see, Matter of County of Nassau v. Metropolitan Transp. Auth., 57 Misc.2d 1025, affd 32 A.D.2d 647; Fischer v. Liebman, 137 A.D.2d 485).
O'BRIEN, J.P., FRIEDMANN, SCHMIDT and TOWNES, JJ., concur.