Opinion
September 30, 1994
Appeal from the Supreme Court, Oswego County, Nicholson, J.
Present — Green, J.P., Balio, Wesley, Callahan and Boehm, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: We conclude that respondents' determination is supported by substantial evidence (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444; 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 179-180; Matter of Rine v. City of Sherrill, 195 A.D.2d 961, lv denied 82 N.Y.2d 660; Matter of Perry v. Municipal Civ. Serv. Commn., 191 A.D.2d 971, lv denied 82 N.Y.2d 653). Because petitioner was found guilty of charges involving deceitful actions that had a negative impact upon the integrity of the police department, the punishment of dismissal is not so disproportionate as to be shocking to one's sense of fairness (see, Matter of Alfieri v. Murphy, 38 N.Y.2d 976, 977; Matter of Rine v. City of Sherrill, supra; Matter of Perry v Municipal Civ. Serv. Commn., supra).