| Matter of Loscuito v Scoppetta |
| 2008 NY Slip Op 03459 [50 AD3d 905] |
| April 15, 2008 |
| Appellate Division, Second Department |
| In the Matter of Anthony Loscuito, Petitioner, v NicholasScoppetta, as Fire Commissioner of the City of New York, et al.,Respondents. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and FayNg of counsel), for respondents.
Proceeding pursuant to CPLR article 78 to review a determination of Nicholas Scoppetta, asFire Commissioner of the City of New York, dated June 28, 2006, which adopted therecommendation of a hearing officer dated June 14, 2006, made after a hearing, finding thepetitioner guilty of six charges of misconduct and terminating his employment as a firefighterwith the Fire Department of the City of New York.
Adjudged that the determination is confirmed, the petition is denied, and the proceeding isdismissed on the merits, with costs.
The determination that the petitioner knowingly made false statements to investigators in thecourse of the Inspector General's investigation and was guilty of other misconduct is supportedby substantial evidence and therefore may not be set aside (see CPLR 7803 [4];Rainer N. Mittl, Ophthalmologist, P.C. v New York State Div. of Human Rights, 100NY2d 326, 331 [2003]; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45NY2d 176, 180 [1978]). In light of the fact that the petitioner made false statements, under oath,relating to serious charges implicating the integrity of the Fire Department of the City of NewYork, the penalty of dismissal was not so disproportionate to the offenses as to be shocking toone's sense of fairness (see Matter of Harp v New York City Police Dept., 96 NY2d 892,894 [2001]; see also Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]; Matter of Pell vBoard of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & [*2]Mamaroneck, Westchester County, 34 NY2d 222, 237 [1974]).Fisher, J.P., Miller, Carni and Dickerson, JJ., concur.