Opinion
April 18, 1991
Appeal from the Supreme Court, New York County (Eve Preminger, J.).
Petitioner was found to have committed several infractions the most serious of which were being absent without leave, failing to properly safeguard his service revolver, and impeding an investigation into the loss of that weapon. The Hearing Officer's determination that the petitioner's testimony was not credible, when taken together with the other evidence adduced, constituted substantial evidence and sufficiently supported his determination. (Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443.) The penalty of dismissal from the force was not inappropriate considering the misconduct detailed here, the petitioner's previous delinquent record, and the compelling interest of maintaining internal discipline in the police department. (Richichi v. Galligan, 136 A.D.2d 616.)
Concur — Murphy, P.J., Carro, Kupferman and Smith, JJ.