Opinion
February 11, 1999
Appeal from the Supreme Court, New York County [Phyllis Gangel-Jacob, J.].
Respondent's findings that petitioner knowingly associated with a person he reasonably believed was engaged in criminal activity, and made false and misleading statements in an official Department investigation, are supported by substantial evidence, including, in particular, petitioner's own testimony in the official investigation. No basis exists to disturb respondent's credibility findings (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444). We have considered petitioner's other arguments, including that the penalty of dismissal is unduly harsh, and find them to be without merit.
Concur — Williams, J. P., Wallach, Andrias and Saxe, JJ.