Opinion
2318
November 21, 2002.
Determination of respondent Commissioner, dated July 15, 2001, which found petitioner guilty of using excessive force and directed that he be suspended for 20 days without pay, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Michael Stallman, J.], entered December 13, 2001), dismissed, without costs.
HOWARD B. STERINBACH, for petitioner.
SHARYN ROOTENBERG, for respondents.
Before: Saxe, J.P., Buckley, Rosenberger, Lerner, Gonzalez, JJ.
Substantial evidence (see 300 Gramatan Ave Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 181), including the testimony of the complainant, supported the specification charging petitioner with using excessive force by striking a civilian in the nose while he was handcuffed. No basis exists to disturb respondent's findings of credibility (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444). The penalty imposed does not shock our sense of fairness (see id., at 445; Matter of Hickey v. Ward, 161 A.D.2d 495).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.