Opinion
December 20, 1993
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
There is substantial evidence to support the respondent's determination that the petitioner was guilty of the misconduct charged (see, Matter of Lahey v Kelly, 71 N.Y.2d 135; Matter of Pell v Board of Educ., 34 N.Y.2d 222; Matter of County of Suffolk v Newman, 173 A.D.2d 618).
With respect to the penalty imposed, the Acting Commissioner's 15-day suspension of the petitioner's employment, without pay, is not so disproportionate to the offense so as to be shocking to one's sense of fairness (see, Matter of Waters v City of Glen Cove, 181 A.D.2d 783; Matter of Capozzi v New York City Tr. Auth., 176 A.D.2d 237). Bracken, J.P., Sullivan, Lawrence and Joy, JJ., concur.