On a prior appeal, this Court annulled respondent's dismissal of petitioner from the Police Department, after finding no substantial evidence for several of the disciplinary charges lodged against him, and remanded to respondent for a redetermination of the penalty to be imposed on the confirmed charges of wrongfully discharging a firearm and failing to report the discharge ( Matter of Eng v Brown, 196 AD2d 89, lv denied 83 NY2d 758). The redetermined penalty conditioning petitioner's reinstatement on the result of a psychological evaluation was within respondent's discretion ( see, Matter of Berenhaus v Ward, 70 NY 436, 445). However, petitioner was entitled to restoration to duty with back pay retroactive to his August 23, 1991 dismissal date once there was a final judicial determination annulling the dismissal on June 16, 1994 ( see, Matter of Farrell v Dowling, 90 AD2d 849, 850, appeal dismissed 58 NY2d 1113), and we modify accordingly. [As amended by unpublished order entered May 13, 1997.]