Opinion
March 4, 1991
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
A Department of Motor Vehicles Body Repair Inspector and an independent insurance adjuster testified at the administrative hearing that the repairs on a 1979 Honda had been performed in an unworkmanlike manner which resulted in the vehicle being unsafe to operate. Based on our review of the record, we find that the respondent's determination that the petitioner willfully failed to effect quality repairs was supported by substantial evidence and, accordingly, that determination may not be disturbed (see, CPLR 7803; Matter of Purdy v Kreisberg, 47 N.Y.2d 354, 358; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 181). Additionally, we find that the penalty imposed is not so disproportionate to the offense as to be shocking to one's sense of fairness (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222), particularly in light of the fact that this is not the petitioner's first violation. Kunzeman, J.P., Kooper, Harwood and O'Brien, JJ., concur.