IN RE: Application of Marino E. SANNUTI (1999)

Determination of respondent Police Commissioner dated August 8, 1997, dismissing petitioner from his position as a New York City 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 [Harold Tompkins, J.], entered on or about February 25, 1998), dismissed, without costs.

 Respondents' determination that petitioner conspired with a chop shop owner to have at least one car stolen on his behalf is supported by substantial evidence.   Testimony of investigating officers and a tape recording, in which statements of three informants were related, although hearsay, were properly received as part of the evidence against petitioner.   The reliability of the informants' statements was corroborated by their internal consistency, by facts disclosed in the investigation and, in part, by petitioner's own testimony (see, Matter of Martinez v. Franco, 222 A.D.2d 335, 635 N.Y.S.2d 610;  Matter of Brinson v. Safir, 255 A.D.2d 247, 680 N.Y.S.2d 500;  Matter of Lewis v. Chesworth, 135 A.D.2d 995, 522 N.Y.S.2d 717 lv. denied 71 N.Y.2d 805, 529 N.Y.S.2d 276, 524 N.E.2d 877).  Petitioner's misconduct is sufficient to justify the penalty of dismissal (see, Matter of Perez v. Safir, 249 A.D.2d 176, 672 N.Y.S.2d 677).

We have considered petitioner's other arguments and find them unpersuasive.

MEMORANDUM DECISION.