Opinion
July 29, 1985
Determination confirmed and proceeding dismissed on the merits, with costs.
There was substantial evidence adduced at the administrative hearing to support respondent's determination ( see, 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176).
Moreover, the penalty imposed upon petitioners was not so disproportionate to the offenses, in light of all the circumstances, as to be shocking to one's sense of fairness ( Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233). The courts will generally defer to the judgment of an administrative agency with respect to the fashioning of regulatory penalties ( Matter of Ahsaf v. Nyquist, 37 N.Y.2d 182). Lazer, J.P., Mangano, Gibbons and Niehoff, JJ., concur.