Opinion
June 16, 1986
Determination, as amended, confirmed, and proceeding dismissed on the merits, with costs.
Hearsay evidence was properly admitted in this administrative hearing and was properly used to contribute support for the findings (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139). The determination of the Administrative Law Judge as to the credibility and veracity of the complaining witness was reasonable and is therefore sustained by this court (see, Matter of Collins v. Codd, 38 N.Y.2d 269, 270-271). Thus, the charges against the petitioner which were sustained by the respondent were supported by substantial evidence as required by CPLR 7803 (4) (see, People ex rel. Vega v. Smith, supra, p 139).
The sanction imposed on the petitioner was a reasonable fine; only as a result of his failure to pay this fine was the sanction of suspension subsequently imposed. The suspension of the petitioner's certification does not constitute a disproportionate sanction under the circumstances (see, Matter of Purdy v Kreisberg, 47 N.Y.2d 354, 360). Weinstein, J.P., Niehoff, Kunzeman and Spatt, JJ., concur.