Opinion
June 13, 1988
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
A review of the record of the hearing held in this matter reveals that the respondent's determination to revoke the petitioner's pistol license was supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176; Matter of Albert v Rozzi, 125 A.D.2d 664). Although conflicting testimony was presented at the hearing, we cannot say that the testimony found credible by the Hearing Officer was incredible as a matter of law (see, Matter of Sowa v Looney, 23 N.Y.2d 329; Matter of Jeanotte v City of Rochester Police Dept., 110 A.D.2d 1081). Nor was the penalty imposed so disproportionate to the offense as to shock one's sense of fairness (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222; Matter of Albert v Rozzi, supra).
Finally, we have considered the petitioner's remaining contentions and find them to be without merit. Mangano, J.P., Bracken, Eiber and Spatt, JJ., concur.