IN RE: Application of Dominic RANALLI

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Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of Dominic RANALLI, Petitioner, v. Howard SAFIR, etc., et al., Respondents.

Decided: May 21, 1998

Before ROSENBERGER, J.P., and WALLACH, TOM and SAXE, JJ. John M. Denby, for Petitioner. Larry A. Sonnenshein, for Respondents.

Determination of respondent Police Commissioner effective September 9, 1996, dismissing petitioner from his position as a police officer, and determination of respondent Board of Trustees, denying petitioner's application for disability retirement on the ground of his earlier dismissal as a 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 [Charles Ramos, J.], entered June 9, 1997), dismissed, without costs.

The Police Commissioner's determination that petitioner engaged in prohibited off-duty employment while on sick report, possessed a blackjack, had unauthorized ammunition in his firearm, and attempted to facilitate the sale of steroids is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183).   The penalty of dismissal, based on misconduct that occurred when petitioner had been a police officer for only two years, and consequent loss of pension rights, does not shock our sense of fairness (compare, Matter of Ivory v. City of New York, Dept. of Envtl. Protection, 125 A.D.2d 217, 509 N.Y.S.2d 25, lv. denied 70 N.Y.2d 602, 518 N.Y.S.2d 1024, 512 N.E.2d 550).