Madry v. Veteran

70 A.D.2d 930, 417 N.Y.S.2d 749, 1979 N.Y. App. Div. LEXIS 12532

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 18, 1979
• Status: Published

Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the Board of Police Commissioners of the Town of Greenburgh, dated June 9, 1977 and made after a hearing, which found petitioner guilty of certain charges of misconduct and dismissed him from the Town of Greenburgh Police Department. Determination confirmed, and proceeding dismissed on the merits, with costs. Following a hearing the petitioner was found guilty of violating ethical standards in that he made a false report as to damage incurred to his vehicle while on a tour of duty; that he failed to properly record his activities; that he failed to inspect his vehicle and promptly report damage to it; and that he failed to properly use his vehicle. As a result, he was dismissed from his position as a police officer. In our opinion, based on the entire record in this proceeding, the determination is supported by substantial evidence. Moreover, we feel that the punishment imposed is not so disproportionate to the offense as to he shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Petitioner has engaged in conduct which could tend to destroy the public’s confidence in his integrity and honesty as a police officer. Therefore, his conduct must be viewed in the context not only of the " 'failure or turpitude of the individual’ but also of 'the harm or risk of harm to the agency or institution or to the public generally’ ” (see Matter of Alfíeri v Murphy, 47 AD2d 820; see, also, Matter of Pell v Board of Educ., supra, p 235). Titone, J. P., Suozzi, Lazer, Gulotta and Cohalan, JJ., concur.