IN RE: Application of Manuel MIELES (2000)

Determination of respondent Police Commissioner, dated October 16, 1998, 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 [Barbara Kapnick, J.], entered May 12, 1999), dismissed, without costs.

 Substantial evidence supports respondent's findings that petitioner, inter alia, used false pretenses to trick the owner of a broken-down vehicle into giving him the title thereto, removed the vehicle from the street and sold it to a salvage company.   No basis exists to disturb the Hearing Officer's findings of credibility.   There is no merit to petitioner's argument that the charge specifying such “unauthorized exercise of [petitioner's] official functions”, in violation of section 104-01, page 3, paragraph 4 of the Police Department Patrol Guide's prohibition against “conduct prejudicial to good order, efficiency or discipline of the department”, was barred by the 18-month Statute of Limitations in Civil Service Law § 75(4).   The misconduct charged also constituted the crime of official misconduct (Penal Law § 195.00[1] ), which is expressly excluded from the time bar of section 75(4) (see, Matter of McFarland v. Abate, 203 A.D.2d 190, 611 N.Y.S.2d 153).

MEMORANDUM DECISION.