Treadway v. New York City Transit Authority

Proceeding pursuant to CPLR article 78 to review a determination of the New York City Transit Authority, dated May 22, 1995, made after a hearing, which, upon finding that the petitioner was guilty of, inter alia, improper use of a firearm, terminated him from his position as a police officer. Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs. The determination to terminate the petitioner from his position as a police officer was supported by substantial evidence including, inter alia, the complainants’ allegations as to an incident involving the petitioner and the petitioner’s admis 484 sion that he was involved in an incident with them (see, CPLR 7803 [4]; Matter of Gray v Adduci, 73 NY2d 741; Matter of Roldan v Bratton, 203 AD2d 368). Any issues of credibility were for the administrative agency to determine (see, Matter of Berenhaus v Ward, 70 NY2d 436). Furthermore, the termination of the petitioner from his position as a police officer was not "so disproportionate to the offense in light of all the circumstances, as to be shocking to one’s sense of fairness” (Matter of Pell v Board of Educ., 34 NY2d 222, 233; see, Matter of Cerio v New York City Tr. Auth., 228 AD2d 676). Bracken, J. P., O’Brien, Florio and Luciano, JJ., concur.