Opinion
Argued November 19, 1980
Decided December 18, 1980
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department.
James B. Denman for appellant.
Robert Abrams, Attorney-General (Diane De Furio Foody and Shirley Adelson Siegel of counsel), for respondent.
MEMORANDUM.
The judgment of the Appellate Division should be affirmed, with costs.
On this record, there was substantial evidence to support the respondent's conclusion. Nor can be it said that the penalty is shocking "to one's sense of fairness" (Matter of Butterly Green v Lomenzo, 36 N.Y.2d 250, 256; Matter of Pell v Board of Educ., 34 N.Y.2d 222, 223). It also appears that the notice and complaint served upon the appellant comported with the requirements of due process.
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge GABRIELLI taking no part.
Judgment affirmed, with costs, in a memorandum.