Opinion
March 21, 1994
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Ordered that the appeal is dismissed and the judgment is vacated (see, Matter of Scorpio Car Serv. v. New York City Taxi Limousine Commn., 171 A.D.2d 872); and it is further,
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits; and it is further,
Ordered that the respondent is awarded one bill of costs.
Notwithstanding the petitioner's claims to the contrary, we find that the Executive Director of the respondent Town of North Hempstead Solid Waste Management Authority had the requisite authority to hire and fire personnel (see, Matter of Thurmond v Town of N. Hempstead Solid Waste Mgt. Auth., 202 A.D.2d 594 [decided herewith]) and properly designated Donal M. Mahoney to hear the charges against the petitioner (see, CSEA-Town of North Hempstead 1989-91 labor contract § XII [3] [iii]).
Upon our de novo 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 imposed 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.