Opinion
March 29, 2000.
CPLR art 78 Proceeding Transferred by Order of Supreme Court, Erie County, Sconiers, J.
PRESENT: GREEN, J. P., HAYES, HURLBUTT AND LAWTON, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Substantial evidence supports the determination that petitioner was guilty of misconduct and insubordination based upon his unauthorized absences from work, failure to follow his supervisor's direction to report his absences, and submission of time sheets falsely indicating the hours that he was present. Petitioner's testimony explaining the reason for the absences and minimizing the length of those absences raised an issue of credibility for the Hearing Officer to resolve ( see, Matter of Coombs v. Village of Canaseraga , 247 A.D.2d 895, 896; Matter of Tinney v. Schneider , 216 A.D.2d 474 ). "In light of all the circumstances, the penalty of dismissal was not so disproportionate to the misconduct as to be `shocking to one's sense of fairness'" ( Matter of Hickman v. Poughkeepsie City School Dist. , 237 A.D.2d 289, quoting Matter of Pell v. Board of Educ. , 34 N.Y.2d 222, 233).