Majority
p. 319In the Matter of Michael Angelo, Petitioner, v Bernard Kerik, as Police Commissioner of the City of New York, et al., Respondents. [755 NYS2d 845]
—Determination of respon
p. 320
dent Police Commissioner, dated May 14, 2001, which dismissed petitioner from his position as a police officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Louise Gruner Gans, J.], entered April 9, 2002), dismissed, without costs.
No basis exists to disturb the credibility findings of the Hearing Officer (see Matter ofBerenhaus v Ward, 70 NY2d 436 , 443-444 [1987]), and the penalty of dismissal does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32 , 38 [2001]). We have considered petitioner’s other arguments and find them unavailing. Concur — Buckley, P.J., Nardelli, Andrias, Ellerin and Friedman, JJ.
Cases cited
- Berenhaus v. Ward 70 NY2d 436 at 443-444 p. 320
- Kelly v. Safir 96 NY2d 32 at 38 p. 320