Opinion
November 15, 1985
Appeal from the Supreme Court, Oswego County, Sullivan, J.
Present — Hancock, Jr., J.P., Doerr, Green, O'Donnell and Schnepp, JJ.
Determination unanimously confirmed and petition dismissed, without costs. Memorandum: In this CPLR article 78 proceeding, petitioner seeks to annul a determination of the Oswego County Probation Department demoting her from her position as senior probation officer. The findings of fact set forth by the hearing officer and adopted by the Chairman of the Oswego County Legislature were sufficient to permit adequate and intelligent judicial review (see, Matter of Simpson v Wolansky, 38 N.Y.2d 391; Matter of Baker v Town of Mt. Pleasant, 92 A.D.2d 611). In addition, the determination finding petitioner guilty of seven charges of misconduct and incompetence was supported by substantial evidence (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176). We also find that the penalty imposed was not "`"so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness"'" (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 233; Matter of Doino v Laehy, 100 A.D.2d 744, affd 63 N.Y.2d 663).