Opinion
November 2, 1989
Appeal from the Supreme Court, New York County (Walter Schackman, J.).
The findings of guilt are supported by petitioner's admissions and, thus, meet the substantial evidence test (Matter of Berenhaus v Ward, 70 N.Y.2d 436). The penalty of five days' suspension, chosen by petitioner from the options adopted by the Commissioner, is not excessive in relation to the repeated infractions here involved (Matter of Pell v Board of Educ., 34 N.Y.2d 222). We have examined petitioner's other contentions and find they do not warrant disturbance of the administrative determination.
Concur — Kupferman, J.P., Sullivan, Milonas, Rosenberger and Wallach, JJ.