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In the Matter of JAMES J. GIANNELLI, Petitioner, v. BENJAMIN WARD, as Police Commissioner of the City of New York, et al., Respondents.

In reviewing the record we find that there was substantial evidence to support the Commissioner's determination that petitioner had (1) failed to comply with an order of Lieutenant Farrell to submit to a drug test, (2) failed to safeguard department property, (3) wrongfully presented a bogus New York City Police Department sergeant's shield to Sergeant Edward Delattore, which shield was wrongfully in his possession, and (4) knowingly and wrongfully associated with a known criminal, Edward Fabiani, at numerous times during the period 1976 to present. (See, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176.)

We further find that the order that petitioner submit to a drug test was supported by reasonable suspicion as found in the record. Additionally, the sanction imposed was not so disproportionate to the offenses as to be shocking to one's sense of fairness. (Matter of Pell v Board of Educ., 34 N.Y.2d 222.) Much deference is to be accorded the agency's determination regarding the penalty imposed. (Matter of Ahsaf v Nyquist, 37 N.Y.2d 182.)

Concur — Ross, J.P., Asch, Milonas, Ellerin and Wallach, JJ.

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MATTER OF GIANNELLI v. WARD
(Dec 5, 1989)