Determination of respondent Police Commissioner, dated May 27, 2002, dismissing petitioner from his position as a police officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to
Substantial evidence supports respondent’s findings that petitioner, while off duty, was present at a place known to be a brothel, that three days later, while on duty, petitioner solicited sex from prostitutes at that brothel in exchange for a promise of protection against arrest, and that in his official interview, petitioner falsely stated that his off-duty visit to the brothel was in an attempt to sign up a confidential informant. No basis exists to disturb the Hearing Officer’s findings of credibility (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]). The penalty of dismissal does not shock our sense of fairness (see Matter of Hogan v Kelly, 4 AD3d 304 [2004]). Concur—Nardelli, J.P., Saxe, Sullivan and Gonzalez, JJ.