Opinion
September 29, 1986
Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
The Hearing Court Officer's determination that the petitioner put a fellow employee in fear of bodily harm and carried out a violent attack upon him is supported by substantial evidence. Furthermore, under the totality of the circumstances, the penalty imposed was not shocking to one's sense of fairness (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222). Mollen, P.J., Lazer, Mangano and Lawrence, JJ., concur.