Opinion
March 21, 1994
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Notwithstanding the petitioner's contentions to the contrary, we find that the Executive Director of the respondent Town of North Hempstead Solid Waste Management Authority (hereinafter the Authority), who is charged with "the administration and the day-to-day operations of the Authority" (Code of Town of North Hempstead § 23-9.1 [B]) and who was himself appointed to carry out the purposes of the Authority, had the requisite authority to hire and fire personnel. Moreover, he properly designated Donal M. Mahoney to hear the charges against the petitioner (see, CSEA-Town of North Hempstead 1989-1991 labor contract § XII [3] [iii]).
Upon our review of the record, we conclude that there is substantial evidence to support the finding of the Hearing Officer, which was implicitly adopted by the Executive Director in his decision, sustaining the charges of misconduct against the petitioner (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180; Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 230).
We find that the penalty of termination is not so disproportionate to the offenses as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., supra, at 233). In so finding, we note that the Executive Director was not bound by the Hearing Officer's recommendation with regard to punishment (see, Matter of Wiggins v. Board of Educ., 60 N.Y.2d 385, 388). Bracken, J.P., Balletta, Pizzuto and Hart, JJ., concur.