Majority
—Proceeding pursuant to CPLR article 78 to review a determination of the Police Commissioner of the City of New York, dated April 11, 2000, which, after a hearing, terminated the petitioner’s employment with the Police Department of the City of New York.
Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.
“In matters of police discipline, we must accord great leeway to the Commissioner’s determinations concerning appropriate punishment, because he, and not the courts, is accountable to the public for the integrity of the Department” (Matter of Berenhaus v Ward, 70 NY2d 436 , 445; see Matter of Kelly v Safir, 96 NY2d 32 , 38). Under these circumstances, we cannot say that the penalty of dismissal is “so disproportionate to the offense as to be shocking to one’s sense of fairness” (Trotta v Ward, 77 NY2d 827 , 828; see Matter of Alfieri v Murphy, 38 NY2d 976 , 977; Matter of Pell v Board of Educ., 34 NY2d 222 , 237). S. Miller, J.P., Friedmann, Crane and Rivera, JJ., concur.
Cases cited
- 300 Gramatan Avenue Associates v. State Division of Human Rights 45 NY2d 176 at 181 p. 657
- Curto v. Cosgrove 256 AD2d 407 at 408 p. 657
- Berenhaus v. Ward 70 NY2d 436 at 445 p. 657
- Kelly v. Safir 96 NY2d 32 at 38 p. 657
- Trotta v. Ward 77 NY2d 827 at 828 p. 657
- Alfieri v. Murphy 38 NY2d 976 at 977 p. 657
- Pell v. Board of Education 34 NY2d 222 at 237 p. 657