Opinion
August 12, 1985
Determination confirmed insofar as reviewed and proceeding dismissed on the merits, without costs or disbursements.
We have reviewed the record and conclude that notwithstanding petitioner's contention to the contrary, the hearing panel's determination of guilt with respect to the charges in question was supported by substantial evidence ( see, 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176; Altsheler v Board of Educ., 62 N.Y.2d 656, rearg dismissed, 63 N.Y.2d 953; Matter of Silberfarb v. Board of Coop. Educ. Servs., 60 N.Y.2d 979; Matter of Fitzpatrick v. Board of Educ., 96 A.D.2d 557, lv denied 61 N.Y.2d 607).
Moreover, the sanction of dismissal was not excessive, viz., so disproportionate to the offenses committed as to be shocking to one's sense of fairness ( Matter of Pell v. Board of Educ., 34 N.Y.2d 222), when it is considered that petitioner's demonstrated misconduct included, inter alia, physical abuse of the emotionally disturbed students entrusted to his care.
Finally, we have considered the other contentions raised by petitioner, including his claim that he was not afforded due process of law, and find them to be lacking in merit. Mangano, J.P., Brown, O'Connor and Weinstein, JJ., concur.