Opinion
April 10, 1989
Adjudged that the determinations are confirmed and the proceedings are dismissed on the merits, without costs or disbursements.
The record reveals substantial evidence to support the determinations of the Hearing Officer and the respondent Hollis Shaw that the petitioner persistently engaged in misconduct and was incompetent even after she was warned and counseled about her behavior (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176). Mr. Shaw testified that, prior to signing the charges against the petitioner, he discussed them with the facility's personnel officer and deleted one that he considered "picayune". This involvement does not mandate disqualification (see, Matter of Agugliaro v. Commissioner of Dept. of Transp. of State of N.Y., 135 A.D.2d 711).
Mr. McCormack's determination that Mr. Shaw did not influence the witnesses or the Hearing Officer was also supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, supra).
Considering the petitioner's position as a manager and the magnitude of her offenses, the penalty of dismissal was not "so disproportionate * * * as to be shocking to one's sense of fairness" (Matter of Stolz v. Board of Regents, 4 A.D.2d 361, 364; Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233).
We have considered the petitioner's remaining contentions and find them to be without merit. Kunzeman, J.P., Kooper, Sullivan and Balletta, JJ., concur.