Opinion
November 2, 1987
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
There was substantial evidence presented that the petitioner was guilty of insubordination when he persistently failed to appear for a physical examination as directed by the school board (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180). Furthermore, substantial evidence was presented which showed that the petitioner frequently absented himself from his workplace without authorization for hours at a time (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, supra). In view of these offenses, and the supervisory position held by the petitioner, the penalty of dismissal was not excessive or shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233). Brown, J.P., Rubin, Kooper and Sullivan, JJ., concur.