There was substantial evidence to support the finding of misconduct since petitioner admitted that he lied while under oath at a judicial proceeding regarding a suppression hearing to determine the reasonableness of the arresting officer's conduct, and knowingly filed a false statement with the Department to obtain a merit award based upon that arrest (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436). Neither is the penalty of dismissal so disproportionate to the offense as to be shocking to one's sense of fairness. (See, Matter of Pell v. Board of Educ., 34 N.Y.2d 222.)
Concur — Kupferman, J.P., Sullivan, Ross, Carro and Kassal, JJ.