Opinion
June 10, 1985
Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
The determination is supported by substantial evidence and 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), in view of the fact that petitioner was a bus driver and his use of narcotics would present a danger to the public. Mollen, P.J., Rubin, Lawrence and Kunzeman, JJ., concur.