Opinion
September 17, 1984
Determination confirmed and proceeding dismissed on the merits, with costs.
By order dated October 3, 1983, this court remitted this matter to the respondent for clarification of the hearing officer's factual findings ( Matter of Lorenzo v Board of Educ., 97 A.D.2d 415). We have received the hearing officer's report, and after reviewing both it and the record, we conclude that his findings are supported by substantial evidence.
Under the circumstances of this case, where petitioners were both found guilty of having left their employment early and of having submitted fraudulent claims for overtime, the penalty of dismissal was not excessive (see Matter of Pell v Board of Educ., 34 N.Y.2d 222).
Petitioners' other contentions have been considered and have been found to be lacking in merit. Bracken, J.P., Weinstein, Rubin and Boyers, JJ., concur.