RODRIGUEZ v. DIINA (2006)

Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination finding petitioner guilty of three charges of misconduct involving official corruption and terminating his employment as a detective with respondent Buffalo Police Department.   Those charges sustained by the Hearing Officer alleged that petitioner participated with three other narcotics officers in the seizure of over $36,000 from an undercover FBI agent posing as a drug dealer, and that petitioner thereafter failed to transmit the money to appropriate police custodians and to prepare and file appropriate departmental reports and other documentation regarding the seizure.   Contrary to the contention of petitioner, the determination that he was guilty of misconduct is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 179-180, 408 N.Y.S.2d 54, 379 N.E.2d 1183;  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, 230-231, 356 N.Y.S.2d 833, 313 N.E.2d 321).   Contrary to petitioner's further contention, the penalty of termination is not so disproportionate to the offense as to be shocking to one's sense of fairness (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 445, 522 N.Y.S.2d 478, 517 N.E.2d 193;  see also Matter of Kelly v. Safir, 96 N.Y.2d 32, 39-40, 724 N.Y.S.2d 680, 747 N.E.2d 1280, rearg. denied 96 N.Y.2d 854, 729 N.Y.S.2d 670, 754 N.E.2d 773;  see generally Matter of Scahill v. Greece Cent. School Dist., 2 N.Y.3d 754, 756, 778 N.Y.S.2d 771, 811 N.E.2d 33;  Pell, 34 N.Y.2d at 233, 356 N.Y.S.2d 833, 313 N.E.2d 321).   We have considered petitioner's remaining contention and conclude that it is lacking in merit.

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

MEMORANDUM: