Opinion
July 21, 1997
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioner's contention, the determination that he was guilty of incompetence and misconduct was supported by substantial evidence in the record, including written reports and testimony as to the repeated deficiencies in his work performance, and his failure to improve despite subsequent oral and written warnings (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231; Matter of Smith v. Board of Educ., 231 A.D.2d 528; Matter of Moorehead v. New York City Tr. Auth., 147 A.D.2d 569). Further, the penalty of dismissal in this case is not so disproportionate to the offenses as to be shocking to one's sense of fairness (see, Matter of Smith v. Board of Educ., supra; Matter of Pell v. Board of Educ., supra).
We have considered the petitioner's remaining contentions and find them to be without merit.
Sullivan, J. P., Pizzuto, Friedmann and Krausman, JJ., concur.