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In the Matter of LAWRENCE A. MIKOLESKI, Petitioner, v. WILLIAM J. BRATTON, as Police Commissioner of the City of New York, et al., Respondents.

Substantial evidence supports respondent's findings, which in large part turned on witness credibility ( see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444), and the penalties of dismissal and loss of pension do not shock our sense of fairness ( see, Trotta v. Ward, 77 N.Y.2d 827). Petitioner's claim that the disciplinary proceeding was not timely commenced within the 18-month period prescribed by Civil Service Law § 75 (4) is improperly raised for the first time in his reply brief, and in any event without merit. The relevant measuring date is service of the first set of charges and specifications ( see, Matter of Nagle v. Bratton, 245 A.D.2d 122).

Concur — Lerner, P.J., Sullivan, Milonas, Ellerin and Andrias, JJ.

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MATTER OF MIKOLESKI v. BRATTON
(Apr 14, 1998)