Opinion
June 9, 1986
Determination confirmed and proceeding dismissed on the merits, with costs.
We find, upon a review of the record, that the determination is supported by substantial evidence. Moreover, the penalty of dismissal is not so disproportionate to the offense as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233).
We have considered the petitioner's remaining contention and have found it to be without merit. Lazer, J.P., Brown, Rubin and Eiber, JJ., concur.