Opinion
April 21, 1998
Appeal from the Supreme Court, New York County [Sheila Abdus-Salaam, J.].
Substantial evidence supports respondent's findings, which turned not only in large part on witness credibility ( see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444), but also on stipulated facts and uncontested proof. The penalty of dismissal does not shock our sense of fairness ( see, Matter of Trotta v. Ward, 77 N.Y.2d 827, 828).
Concur — Ellerin, J.P., Wallach, Tom and Andrias, JJ.