Opinion
June 15, 1987
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
There is substantial evidence in the record to support the respondent's determination that the petitioner, while off duty on the evening of August 31, 1984, was found to be in possession of a controlled substance (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176). Moreover, the sanction of dismissal was 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). A high degree of 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 a police department are concerned (Matter of Meyer v Rozzi, 108 A.D.2d 859). Our confirmation of the determination of the respondent Police Chief is made in consideration of the well-settled proposition that a police department, as a quasi-military organization, demands strict discipline (Matter of De Bois v Rozzi, 114 A.D.2d 848). Weinstein, J.P., Rubin, Kooper and Sullivan, JJ., concur.