Opinion
December 21, 1987
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Upon review of the extensive hearing record, we find that there is substantial evidence to support the determination of guilt with respect to the subject disciplinary charges against the petitioner (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176). We also conclude that the penalty imposed, which involved a demotion in grade and title as well as reassignment to another facility, was not so disproportionate to the charges sustained as to be shocking to one's sense of fairness (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222; Civil Service Law § 75). Finally, we note that the fact that Assistant Commissioner Luz B. Allende signed the statement of charges against the petitioner, without more, did not mandate that she disqualify herself from reviewing the findings and recommendations of the Hearing Officer (cf., Matter of Cafaro v Pedersen, 123 A.D.2d 860; Matter of Edgar v Dowling, 96 A.D.2d 510; Matter of O'Reilly v Pisani, 79 A.D.2d 973).
The petitioner's renewed application to strike portions of the record is denied. Mangano, J.P., Thompson, Kunzeman and Harwood, JJ., concur.