Opinion
June 3, 1997
Respondent's finding that petitioner lived with his fiancee in the condominium he owned in Fort Lee, New Jersey, outside the geographical area required for members of the New York City Police Department (Public Officers Law § 30 [d]; [4]), is supported by substantial evidence, including the contradictory testimony of petitioner's aunt regarding petitioner's claim that he shared a bedroom with his cousin in his aunt's apartment in the Bronx, the testimony of petitioner's neighbors in the New Jersey condo, credited by respondent, that petitioner lived in the condo, and the admitted fact that petitioner worked part-time as the condo's superintendent when off duty ( see, Matter of Contento v. Kohinke, 42 A.D.2d 1025, lv denied 33 N.Y.2d 520). The penalty, which expressly took into account petitioner's otherwise good service record, is hardly shocking, given that similar residency violations have resulted in termination ( see, supra; Matter of O'Connor v. Police Commn., 221 A.D.2d 444), and petitioner's admitted violation of the prohibition against off-duty employment without permission.
Concur — Ellerin, J.P., Nardelli, Rubin and Williams, JJ.