Opinion
September 9, 1991
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioner's argument, there is substantial evidence in the record to support the respondent New York City Transit Authority's determination that the petitioner used excessive force in performing his duties on April 1, 1987, by striking an individual in his custody on the head with a police radio (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of Collins v. Codd, 38 N.Y.2d 269; Matter of Moorehead v New York City Tr. Auth., 147 A.D.2d 569). In addition, the penalty imposed was not so disproportionate to the offense as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., supra, at 223; Matter of Scorpio Car Serv. v. New York City Taxi Limousine Commn., 171 A.D.2d 872; Matter of Hickey v Ward, 161 A.D.2d 495).
We have examined the petitioner's remaining arguments and find them to be without merit (Matter of Choe v. Axelrod, 141 A.D.2d 235, 239; see, Sitaras v. Ricciardi Sons, 154 A.D.2d 451, 452). Mangano, P.J., Kooper, Rosenblatt and O'Brien, JJ., concur.