Opinion
February 23, 1998
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The respondent's determination was supported by substantial evidence ( see, Matter of Lahey v. Kelly, 71 N.Y.2d 135; 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176). The conflicting testimony presented at the hearing raised issues of credibility for the Hearing Officer to resolve ( see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436; Matter of Schurr v. Wingate, 243 A.D.2d 571; Matter of LaCanfora v. Lloyd, 229 A.D.2d 496). This record provides no basis to disturb the Hearing Officer's resolution of those issues in favor of the respondent. Further, the penalty of dismissal was not so disproportionate to the offenses committed as to be shocking to one's sense of fairness ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222).
Thompson, J.P., Joy, Florio and Luciano, JJ., concur.