Opinion
May 20, 1996
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
There was substantial evidence in the record to support the respondents' determination sustaining five charges of misconduct on the part of the petitioner, including sexual harassment. Since the testimony posed a clear-cut issue as to the veracity of the witnesses, there is no reason to disturb the Hearing Officer's determination respecting the witnesses' credibility ( see, Matter of Collins v. Codd, 38 N.Y.2d 269, 270). Where room for choice exists, it is beyond the scope of the reviewing court to weigh the evidence or reject the choice made by the Hearing Officer ( see, Matter of Stork Rest. v. Boland, 282 N.Y. 256, 267; Matter of Gatto v. Adduci, 182 A.D.2d 760, 761).
The penalty of dismissal was not so disproportionate to the charged conduct so as to be shocking to one's sense of fairness ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233-234). Rosenblatt, J.P., Miller, Pizzuto and Goldstein, JJ., concur.