Opinion
2001-04622
Submitted January 17, 2002.
February 19, 2002.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent John R. O'Donnell, as Commissioner of the Suffolk County Department of Labor, dated June 16, 1997, which adopted the recommendation of a Hearing Officer, dated June 12, 1997, made after a hearing, finding that the petitioner was guilty of insubordination and job abandonment and imposing the penalty of termination of employment.
Louis J. Petrizzo Associates, Babylon, N.Y., for petitioner.
Robert J. Cimino, County Attorney, Hauppauge, N.Y. (Theodore D. Sklar of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, HOWARD MILLER, SANDRA L. TOWNES, JJ.
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The review of administrative determinations in employee disciplinary cases made as a result of a hearing required by Civil Service Law § 75 is limited to a consideration of whether the determination was supported by substantial evidence (see, CPLR 7803; Lahey v. Kelly, 71 N.Y.2d 135). Here, the determination was supported by substantial evidence (see, 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176). Moreover, the notice of the charges against the petitioner was sufficient and in compliance with Civil Service Law § 75(2) (see, Matter of Gisbert v. New York State Thruway Auth., 115 A.D.2d 934).
The disciplinary penalty imposed as a result of the administrative hearing was proportionate to the offense (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Featherstone v. Franco, 95 N.Y.2d 550).
The petitioner's remaining contentions are without merit.
FLORIO, J.P., O'BRIEN, H. MILLER and TOWNES, JJ., concur.