Opinion
August 26, 1985
Appeal from the Supreme Court, Nassau County (Christ, J.).
Judgment affirmed, with costs.
A review of the record reveals vague and contradictory testimony by petitioner regarding the nature of his services, the disposition of fees and expenses, the sources of payment, and how his records came to be destroyed.
The determination that petitioner violated 19 NYCRR 173.2 by failing to maintain his records for a period of three years was supported by substantial evidence ( Matter of Pell v. Board of Educ., 34 N.Y.2d 222). Furthermore, under the circumstances of this case, the penalty imposed was not shocking to one's sense of fairness ( Matter of Pell v. Board of Educ., supra). Lazer, J.P., Gibbons, Bracken and Niehoff, JJ., concur.