BUSTOS v. CITY OF ROCHESTER (2005)

 Petitioner, a former police officer with respondent Rochester Police Department, commenced this CPLR article 78 proceeding seeking to annul the determination terminating his employment after he was found guilty of misconduct.   According to petitioner, the penalty of termination is shocking to one's sense of fairness, particularly in view of the fact that the Hearing Officer recommended only a 60-day suspension.   We reject that contention.   Following the hearing on the charges, the Hearing Officer found, inter alia, that petitioner documented false information on a police report regarding cash seized from a suspect's vehicle incident to an arrest.   In addition, the Hearing Officer found that, during a locker search, five dime bags of cocaine were discovered in the pocket of petitioner's winter service coat located in petitioner's locker.   Moreover, when the charges at issue herein arose, petitioner and his partner were the subject of an undercover integrity operation run by the New York State Police.   In light of the severity of the charges sustained herein and in view of the fact that petitioner previously pleaded guilty to making a false report, we conclude that the penalty imposed is not shocking to one's sense of fairness (see Matter of Alfieri v. Murphy, 38 N.Y.2d 976, 384 N.Y.S.2d 157, 348 N.E.2d 614;  see generally 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, 234-235, 356 N.Y.S.2d 833, 313 N.E.2d 321;  Matter of Jordan v. Daly, 302 A.D.2d 862, 863, 754 N.Y.S.2d 806).   Finally, to the extent that petitioner contends that the charges sustained are not supported by substantial evidence, we conclude that his contention is lacking in merit (see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 181-182, 408 N.Y.S.2d 54, 379 N.E.2d 1183).

It is hereby ORDERED that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

MEMORANDUM: