Opinion
Argued January 19, 2000
February 28, 2000
Proceeding pursuant to CPLR article 78 to review a determination of the respondent, Edward A. Stolzenberg as Commissioner of the Department of Hospitals Westchester County, dated January 16, 1998, which adopted the recommendation of a hearing officer, made after a hearing, finding that the petitioner was guilty of misconduct, and imposing a penalty.
Carl I. Kaminsky, New York, N.Y., for petitioner.
Fulbright Jaworski, LLP, New York, N.Y. (Douglas P. Catalano and Ralph C. Dawson of counsel), for respondent.
FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioner's contention, the determination that he was guilty of misconduct is supported by substantial evidence (see, CPLR 7803[4]; 300Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176 ; Matter of Fabulous Steak House v. New York State Liq. Auth., 186 A.D.2d 566, 567 ).