In Islar v. Koehler, 160 AD2d 575, 576 (1st Dep't 1990) the court upheld the dismissal of a corrections officer, who had recently completed his probationary period, after he engaged in an unprovoked physical assault on another individual. The hearing officer took note of the officer's prior 1987 command discipline for failure to safeguard his police identification card and shield. The First Department noted that this prior offense should have been expunged from petitioner's personnel file due to the lapse of time, and the hearing officer should not have had that information before him. But, because there was "no indication in [the] report to the respondent Commissioner that the hearing officer's recommendation for dismissal was in any way based upon this 1987 command discipline," the court upheld the penalty. Id.