Opinion
November 9, 1987
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
We find that the Hearing Officer heard substantial evidence from which he could conclude that the petitioner had filed fraudulent claims (300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 181). Further, the penalty imposed is not excessive in light of the petitioner's supervisory position, his careful and thorough plan to defraud, and the respondents' need to deter similar false claims (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 238-239).
We have considered the petitioner's remaining contention and find it to be without merit. Mangano, J.P., Brown, Lawrence and Spatt, JJ., concur.