IN RE: Application of David TSANG (1998)

Determination of respondent Police Commissioner, dated December 11, 1996, 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 [Phyllis Gangel-Jacob, J.], entered on or about August 14, 1997) dismissed, without costs.

 Respondents' determination, that petitioner knowingly accepted cash payments representing proceeds of a brothel business on behalf of his incarcerated brother, is supported by substantial evidence.   Issues relating to the witnesses' credibility were for the hearing officer to resolve (Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443, 522 N.Y.S.2d 478, 517 N.E.2d 193;   Wright v. Bratton, 244 A.D.2d 183, 664 N.Y.S.2d 7).  Petitioner's previously unblemished record does not warrant setting aside the penalty of dismissal (see, Trotta v. Ward, 77 N.Y.2d 827, 828, 566 N.Y.S.2d 199, 567 N.E.2d 241;  Matter of Giordano v. Brown, 182 A.D.2d 582, 585 N.Y.S.2d 702).   Finally, since it had a rational, non-discriminatory basis, respondents' determination was not in violation of Executive Law § 296 (see, Matter of Silbert v. Jackson, 228 A.D.2d 198, 643 N.Y.S.2d 554, lv. denied 88 N.Y.2d 814, 651 N.Y.S.2d 15, 673 N.E.2d 1242).

MEMORANDUM DECISION.