Opinion
October 17, 1994
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
We find no merit to the petitioner's contention that the statement he gave on November 20, 1991, during an interview with State Police investigators, was inadmissible at the administrative hearing because he was not represented by counsel at the interview. The record establishes that the interview was an ordinary supervisory inquiry and it was therefore not governed by the procedural requirements of section 16.2 (A) (8) of the collective bargaining agreement (see, Matter of Roman v Constantine, 185 A.D.2d 701).
The hearing board's findings of guilt as to the three charges levied against the petitioner are supported by substantial evidence (see, CPLR 7803; see also, Matter of Boyd v Constantine, 81 N.Y.2d 189, 196, quoting 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180). Finally, the penalty imposed is not so disproportionate to the offense as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222). Balletta, J.P., Rosenblatt, Miller and Ritter, JJ., concur.