Opinion
February 29, 1988
Adjudged that the determination is confirmed and the proceeding is dismissed, on the merits, with costs.
On this record, there was substantial evidence to support the Commissioner's determination as to each of the violations (see, Matter of Hannon v Cuomo, 52 N.Y.2d 775). Furthermore, in light of both the limited scope of appellate review in such matters (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222) and the petitioner's prior record, we cannot agree with the petitioner that the measure of punishment imposed upon it was so disproportionate to the charge sustained "as to be shocking to one's sense of fairness" (Matter of Stolz v Board of Regents, 4 A.D.2d 361, 364; see, Dunn Appraisal Co. v Foschio, 94 A.D.2d 695; Government Employees Ins. Co. v Commissioner of Motor Vehicles, 94 A.D.2d 695). Thompson, J.P., Brown, Lawrence and Weinstein, JJ., concur.