Opinion
June 22, 1998
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The respondent's determination was supported by substantial evidence ( see, Matter of Lahey v. Kelly, 71 N.Y.2d 135; 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176). It is the function of the administrative agency or the Hearing Officer, not the reviewing court, to weigh the evidence and assess the credibility of the witnesses ( see, Matter of Silberfarb v. Board of Coop. Educ. Servs. Supervisory Dist., 60 N.Y.2d 979, 981). This record provides no basis to disturb the Hearing Officer's determination that the petitioner committed the acts specified in the charge.
Further, the penalty of 30 days suspension without pay was not so disproportionate to the offenses committed as to be shocking to one's sense of fairness ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222).
Rosenblatt, J.P., Miller, Ritter and Goldstein, JJ., concur.