Opinion
May 26, 1998
Appeal from the Supreme Court, New York County [William McCooe, J.].
Substantial evidence supports the finding of respondent that petitioner was absent without leave during several days in March 1994 and again from January 1995 until the date of the administrative hearing in 1996 ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 230). The record further supports the Hearing Officer's finding, after assessing testimony from various witnesses, including petitioner and his family members, that petitioner was guilty of multiple instances of failure to obey lawful orders of his superiors, and of a pattern of harassment of a superior officer and that officers family. We find no basis "to disturb the determinations of credibility made by the trier of fact ( see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443).
Under the circumstances, the penalty imposed is not so disproportionate to the proven offenses as to shock our sense of fairness ( see, Trotta v. Ward, 77 N.Y.2d 827, 828; Matter of Alfieri v. Murphy, 38 N.Y.2d 976, 977).
Concur — Milonas, J.P., Nardelli, Mazzarelli and Andrias, JJ.