Opinion
2003-11114.
December 13, 2004.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent, Garden City Park Water/Fire District, dated December 18, 2002, which, after a hearing pursuant to Civil Service Law § 75, found the petitioner guilty of misconduct by filing a false or fraudulent claim of injury, and terminated his employment.
Before: Krausman, J.P., Goldstein, Luciano and Fisher, JJ., concur.
Adjudged that the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits, with costs.
Judicial review of a determination rendered by an administrative body after a hearing is limited to whether that determination is supported by substantial evidence ( see CPLR 7803; 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 NY2d 176, 180-182; Matter of Masons v. Martinez, 8 AD3d 671, 672). The respondent's determination that the petitioner filed a false or fraudulent claim of injury, thereby procuring a workers' compensation leave of absence, is supported by substantial evidence in the record ( see Matter of Knight v. Board of Coop. Educ. Servs. of Cattaraugus-Allegany-Erie-Wyoming Counties, 275 AD2d 1038; Matter of Catalano v. Village of Kenmore, 255 AD2d 948). Moreover, the penalty imposed was not "so disproportionate to the offense as to be shocking to one's sense of fairness" ( Matter of Kelly v. Safir, 96 NY2d 32, 38, quoting Matter of Pell v. Board of Educ., 34 NY2d 222, 237; see also Matter of Knight v. Board of Coop. Educ. Servs. of Cattaraugus-Allegany-Erie-Wyoming Counties, supra).
The petitioner's remaining contention is without merit.