Majority
p. 679In the Matter of Gerard Gozaloff, Petitioner, v Peter Cosgrove et al., Respondents. [644 NYS2d 991]
The Hearing Officer’s findings of guilt as to the two specifica
p. 680
tions at issue are supported by substantial evidence (see, CPLR 7803 [4]; see also, Matter of Boyd v Constantine, 81 NY2d 189 , 196, quoting 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176 , 180). Moreover, the penalty imposed by the respondents is not " ' "so disproportionate to the offense[s], in light of all the circumstances, as to be shocking to one’s sense of fairness” ’ ” (Matter of Pell v Board of Educ., 34 NY2d 222 , 233, quoting Matter of McDermott v Murphy, 15 AD2d 479 , affd 12 NY2d 780 ).
The petitioner’s remaining contention is without merit. Miller, J. P., Pizzuto, Santucci and Hart, JJ., concur.
Cases cited
- Boyd v. Constantine 81 NY2d 189 at 196 p. 680
- 300 Gramatan Avenue Associates v. State Division of Human Rights 45 NY2d 176 at 180 p. 680
- Pell v. Board of Education 34 NY2d 222 at 233 p. 680
- McDermott v. Murphy 12 NY2d 780 p. 680