IN RE: Application of Police Officer Anthony MAGNI (2001)

Determination of respondent Police Commissioner, dated May 3, 2000, dismissing 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 [Bruce Allen, J.], entered November 16, 2000), dismissed, without costs.

 The findings that petitioner used excessive force against a motorist while directing traffic and knowingly made false statements at a departmental hearing are supported by substantial evidence, including the testimony of the complaining witnesses and disinterested eyewitnesses.   No basis exists to disturb respondent's findings of credibility (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444, 522 N.Y.S.2d 478, 517 N.E.2d 193).   The penalty of dismissal does not shock our sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 237, 356 N.Y.S.2d 833, 313 N.E.2d 321).