Opinion
April 11, 1994
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
We find unpersuasive the petitioner's contention that the Hearing Officer improperly admitted certain hearsay evidence. It is well settled that hearsay is admissible in administrative hearings and may form the basis of an adverse determination (see, Matter of Gray v Adduci, 73 N.Y.2d 741; Matter of Anderson v Bane, 199 A.D.2d 708; Matter of Wright v Commissioner of N Y State Dept. of Motor Vehicles, 189 A.D.2d 767).
Moreover, the Hearing Officer's findings of guilt as to the seven specifications at issue is supported by substantial evidence (see, CPLR 7803; see also, Matter of Boyd v Constantine, 81 N.Y.2d 189, 196, quoting 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 180). Finally, the penalty imposed by the respondents 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). Sullivan, J.P., Copertino, Joy and Krausman, JJ., concur.