There is substantial evidence to support the finding that petitioner left the scene of an accident he caused, made misleading statements to shield his involvement, and filed a false complaint report. There is no basis for disturbing the Hearing Officer's determinations concerning credibility ( see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444). Notwithstanding petitioner's otherwise unblemished record, the penalty of dismissal does not shock our sense of fairness in view of the gravity of the misconduct ( see Matter of Kelly v. Safir, 96 N.Y.2d 32, 38).
Respondents have conceded that petitioner is entitled to back pay for the period of time that he was suspended in excess of 30 days, and that the issue will be resolved by stipulation.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.