Opinion
February 19, 1985
Determination confirmed and proceeding dismissed, on the merits, without costs or disbursements.
In reviewing the record, we find that there was substantial evidence to support the Commissioner's determination that petitioner, on three separate occasions, wrote derogatory remarks, with sexual or ethnic connotations, about two fellow police officers on the door of a stall located in the men's room of a precinct ( see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176; Matter of 330 Rest. Corp. v State Liq. Auth., 26 N.Y.2d 375). Furthermore, the sanction imposed (a fine of 10 days' pay for each charge and specification of which petitioner was found guilty) was not so disproportionate to the offenses as to be shocking to one's sense of fairness ( Matter of Pell v Board of Educ., 34 N.Y.2d 222). Much deference is to be accorded to the agency's determination regarding the penalty imposed ( Matter of Ahsaf v Nyquist, 37 N.Y.2d 182), particularly where matters of internal discipline in the police department are concerned ( see, Matter of Alfieri v Murphy, 38 N.Y.2d 976; Matter of O'Connor v Frank, 38 N.Y.2d 963; Matter of Steward v Leary, 57 Misc.2d 792). Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.