The penalty of dismissal, which was based upon findings that petitioner, while effecting an arrest for disorderly conduct, anhandled an unthreatening, nonresistant arrestee, shoved him down a subway stairway, flung his passport into his face, charged him with resisting arrest without probable cause and made false statements about the incident to the Civilian Complaint Review Board, does not shock our sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233; Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 445). No basis exists to disturb respondent's findings as to credibility (see, Matter of Berenhaus v. Ward, id., at 443-444).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.