IN THE MATTER OF MURILLO v. KELLY

Substantial evidence supports respondent's finding that petitioner failed to comply with a lawful order to attempt firearm qualification. The record evidence shows that prior to the order's issuance a departmental physician reviewed the relevant medical information, including the letters of petitioner's doctor, and determined that petitioner was medically capable of attempting firearm qualification ( see Matter of Rivera v. Beekman, 86 AD2d 1).

The penalty of suspension without pay for 22 days and forfeiture of 20 vacation days does not shock our sense of fairness ( see Matter of Kelly v. Safir, 96 NY2d 32, 38).