Opinion
February 28, 1994
Adjudged that the determination is confirmed and the petition is dismissed on the merits, with costs.
It is well settled that in a proceeding pursuant to CPLR article 78 to review a determination of an administrative board, the board's decision must be upheld if it is based on substantial evidence (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436). "Substantial evidence is such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact" (Matter of Hal v. Del Castillo, 174 A.D.2d 743; see, Matter of Berenhaus v. Ward, supra). Here, we find that the board's determination was based upon substantial evidence.
We further find that under the circumstances, including the petitioner's prior recent conduct which was the subject of disciplinary action (Matter of DiCairano v. Gandolfo, 201 A.D.2d 728 [decided herewith]), that the penalty imposed was not so disproportionate to the offense as to be "shocking to one's sense of fairness" (Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 234; Matter of Hickey v. Bratton, 180 A.D.2d 682).
We have reviewed the petitioner's remaining contentions and find them to be without merit. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.