Opinion
2013-03-21
In re Police Officer James KIM, Petitioner, v. Police Commissioner Raymond KELLY, Respondent.
Richard E. Hershenson, New York, for petitioner. Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for respondent.
Richard E. Hershenson, New York, for petitioner. Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for respondent.
Determination of respondent Commissioner, dated March 29, 2011, which terminated petitioner's employment as a New York City police officer, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Robert E. Torres, J.], February 8, 2012), dismissed, without costs.
Substantial evidence supports the finding that petitioner submitted a false mortgage application ( see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). The evidence shows that the subject application falsely listed a company that petitioner did not work for as his sole source of income, and falsely listed a New Jersey address as his primary residence. There exists no basis to disturb the credibility determinations of the Hearing Officer ( see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443–444, 522 N.Y.S.2d 478, 517 N.E.2d 193 [1987] ). Moreover, petitioner's contention that he was subjected to discriminatory treatment is both unpreserved, as it was not raised in the petition, and unavailing.
The penalty of termination does not shock our sense of fairness, since respondent Commissioner “is accountable to the public for the integrity of the Department” ( Matter of Kelly v. Safir, 96 N.Y.2d 32, 38, 724 N.Y.S.2d 680, 747 N.E.2d 1280 [2001] [internal quotation marks omitted] ).