Martelle v. Margeson

— Determination unanimously confirmed and petition dismissed, without costs. Memorandum: The record contains substantial evidence in support of the determination that petitioner, a police officer, was guilty of misconduct in twice issuing bad checks to local merchants and failing to make restitution until several weeks after each incident and only after repeated warnings by the police chief (see, Matter of Pell v Board of Educ., 34 NY2d 222; Matter of Monroe v Board of Public Safety, 73 AD2d 996). The fact that petitioner’s misconduct occurred while he was off duty does not mitigate the…