IN RE APPLICATION OF SANDERS v. SAFIR

No basis exists to disturb the challenged determination since substantial evidence, including testimony of police officers corroborative of the account of the underlying incident given by the complaining sergeant, supported the Hearing Officer's finding that petitioner was discourteous to a police sergeant (see, Matter of Binford v. Safir, 270 A.D.2d 129). Nor is there any basis upon which the penalty imposed might be disturbed since the penalty, forfeiture of 15 vacation days, does not shock our sense of fairness (see, Kelly v. Safir, 96 N.Y.2d 32, 2001 N.Y. LEXIS 566).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.