Opinion
July 29, 1996
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The determination of the Commissioner of the New York State Department of Motor Vehicles was supported by substantial evidence in the record (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 179-180; Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230-231). Further, the penalty imposed is 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., supra, at 233). Bracken, J.P., Miller, Goldstein and McGinity, JJ., concur.