Opinion
January 23, 1995
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
There is substantial evidence in the record to support the determination of the Commissioner of the Department of Hospitals, Westchester County, that the petitioner was guilty of misconduct (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of County of Suffolk v. Newman, 173 A.D.2d 618).
With respect to the penalty imposed, the termination of the petitioner's employment is not so disproportionate to the offense charged, given the history of misconduct on his part, so as to be shocking to one's sense of fairness (see, e.g., Matter of Murano v. Village of Goshen, 193 A.D.2d 1011; Matter of Copelin v. New York City Tr. Auth., 184 A.D.2d 698). O'Brien, J.P., Hart, Goldstein and Florio, JJ., concur.