Opinion
March 11, 1985
Appeal from the Supreme Court, Suffolk County (Cannavo, J.).
Judgment affirmed, without costs or disbursements.
We agree with Special Term's conclusion that petitioner was not constitutionally or statutorily entitled to a hearing when dismissed from his position as a volunteer auxiliary police officer for misconduct ( see, McKinney's Uncons Laws of N.Y. § 9122 [4] [b] ["State Defense", L 1951, ch 784]). Section 10-3 of the Rules and Regulations of the Suffolk County Auxiliary Police Force (McKinney's Uncons Laws of N.Y. § 9122 [4] [c] ["State Defense", L 1951, ch 784]) provides that: "[a] member of the Auxiliary Police who has been dismissed may seek and, at the discretion of the County Director of the Department of Emergency Preparedness, be granted a review of his case by the Suffolk County Director of the Department of Emergency Preparedness".
In the case at bar, respondent Regan upheld the original determination to dismiss petitioner and declined to grant further review. Given respondents' evidence of petitioner's misconduct, respondents did not act arbitrarily or capriciously ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222). O'Connor, J.P., Rubin, Lawrence and Eiber, JJ., concur.