IN RE: Boswell PAUL (2023)

Determination of respondent Corrections Department of the City of New York, dated April 20, 2022, which terminated petitioner's employment based on the report and recommendation of an Administrative Law Judge, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Arlene P. Bluth, J.], entered on or about September 28, 2022), dismissed, without costs.

Substantial evidence supports respondent Correction Department's determination that petitioner violated Department directives and procedures concerning the retrieval of inmate property, engaged in undue familiarity with an inmate, failed to submit a required unusual incident report, used excessive force against an inmate, and made false and misleading statements (see CPLR 7803[4];  Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443–444 [1987];  300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180 [1978]).

The penalty of termination of petitioner's employment does not shock one's sense of fairness (see Matter of Kelly v. Safir, 96 N.Y.2d 32, 38 [2001];  Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 233 [1974];  see also Matter of Smith v. Kelly, 117 AD3d 564, 565 [1st Dept 2014]).