Opinion
March 31, 1994
Appeal from the Supreme Court, Ulster County.
The record contains substantial evidence to support the determination finding petitioner guilty of insubordination. We find no merit to petitioner's claim that this finding of guilt was based on information outside the hearing record. Moreover, in light of petitioner's work history and the facts underlying the insubordination charge, we do not find the penalty of dismissal to have been disproportionate under the circumstances.
Mikoll, J.P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.