Opinion
March 4, 1999
Appeal from the Supreme Court, New York County (Stephen Crane, J.).
Given the gravity of the admitted misconduct, we do not find the sanction imposed so disproportionate to the offense as to shock our sense of fairness ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 232-233). Petitioner's claim, that the off-duty conduct for which he was disciplined is not actionable under department disciplinary guidelines, is waived since it was not raised in his petition or in the ensuing administrative proceedings. In any event, the claim lacks merit ( see, Matter of Fox v. Finnerty, 62 N.Y.2d 796, revg 96 A.D.2d 905).
Concur — Nardelli, J. P., Lerner, Mazzarelli and Saxe, JJ.