Opinion
June 4, 1998
Adjudged that the determined is confirmed and the proceeding is dismissed on the merits, with costs.
The record supports the discharge of the petitioner from his employment upon the findings of the Administrative Law Judge, inter alia, that the petitioner had been absent from work without authorization. The only evidence adduced at the hearing held pursuant to Civil Service Law § 75 Civ. Serv. showed that the petitioner had been absent from work without authorization since February 14, 1994, and that he failed to tender any acceptable excuse therefor. Further, the petitioner failed to attend the hearing or offer any proof on his own behalf, even though he was aware of the time and place that the hearing was to be held. Thus, we find that the respondent's determination was supported by substantial evidence ( see, 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176; see also, Matter of Barresi v. Mahoney, 230 A.D.2d 906). The petitioner's remaining contentions are without merit.
Pizzuto, J.P., Joy, Friedmann and Florio, J.J., concur.