Opinion
1091
May 8, 2003.
Determination of respondent Police Commissioner, dated July 11, 2001, which placed petitioner on probation dismissal for a period of one year pursuant to New York City Administrative Code § 14-115(d) and imposed upon petitioner a forfeiture of 30 vacation days, 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 [Rosalyn Richter, J.], entered March 12, 2002) dismissed, without costs.
Howard B. Sterinbach, for petitioner.
Ellen Ravitch, for respondents.
Before: Buckley, P.J., Nardelli, Sullivan, Rosenberger, Wallach, JJ.
The testimony of the complainants, duly credited by the administrative hearing officer (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443), constituted substantial evidence to support specifications charging petitioner with use of excessive force, discourtesy and committing a false arrest (see Matter of Miller v. Kerik, 299 A.D.2d 267). Accordingly, the determination finding petitioner guilty of such specifications may not be disturbed (see Matter of Collins v. Codd, 38 N.Y.2d 269, 270-271). The penalty imposed does not shock our sense of fairness (see Matter of Kelly v. Safir, 96 N.Y.2d 32, 39-40; Matter of Hickey v. Ward, 161 A.D.2d 495).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.