TEZENO v. CITY OF WATERTOWN (2007)

 In this CPLR article 78 proceeding, petitioner challenges the determination of respondent City of Watertown Municipal Civil Service Commission (Commission) terminating his employment as a firefighter with respondent City of Watertown.   Contrary to the contentions of petitioner, the Commission's determination finding that he intentionally made false statements of material fact in his applications is supported by substantial evidence (see Matter of Brennan v. City of White Plains, 259 A.D.2d 748, 687 N.Y.S.2d 413;  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).   Further, because the false statement made in petitioner's firefighter application alone constitutes a violation of Civil Service Law § 50(4)(f) (see Brennan, 259 A.D.2d 748, 687 N.Y.S.2d 413), we need not reach petitioner's remaining contention.   Finally, the penalty of termination is not so disproportionate to the offense as to be shocking to one's sense of fairness (see Matter of Waldren v. Town of Islip, 6 N.Y.3d 735, 736-737, 810 N.Y.S.2d 408, 843 N.E.2d 1148;  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, 233, 356 N.Y.S.2d 833, 313 N.E.2d 321).

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

MEMORANDUM: