Opinion
January 30, 1989
Adjudged that the determination is confirmed, with costs, and the proceeding is dismissed on the merits.
The determination of misconduct is supported by substantial evidence in the record. The testimony and other evidence presented at the hearing established that the petitioner improperly transferred Department of Transportation bus passes and retained the proceeds therefrom. The totality of the evidence and the reasonable inferences to be drawn therefrom provide a rational basis for the Impartial Hearing Officer's findings of fact (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 180; Matter of Pell v Board of Educ., 34 N.Y.2d 222, 231). The petitioner's assertion that the punishment was excessive in light of his years of service and lack of prior disciplinary charges is unpersuasive. Since his acts were properly characterized as a "breach of trust" and "moral turpitude", the penalty of dismissal is "not so disproportionate to the offense committed as to be shocking to one's sense of fairness" (Eckert v City of Newburgh, 114 A.D.2d 398, 399; Matter of Pell v Board of Educ., supra).
We have examined the petitioner's remaining contentions and find them to be without merit. Mollen, P.J., Thompson, Rubin and Spatt, JJ., concur.