Opinion
April 14, 1989
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Callahan, J.P., Doerr, Denman, Lawton and Davis, JJ.
Determination unanimously confirmed and petition dismissed without costs. Memorandum: We conclude on this record that the determination is supported by substantial evidence and that 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, 233; Matter of Lakeside Inn Supper Club v. New York State Liq. Auth., 147 A.D.2d 901).