Opinion
March 25, 1985
Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
A review of the record indicates that the findings of the hearing officer, which respondent was permitted to adopt as his own ( see, Matter of Teahan v. Bates, 97 A.D.2d 768, 769; Matter of Glengariff Corp. v. Axelrod, 93 A.D.2d 900, 901), were supported by substantial evidence ( Matter of Silberfarb v. Board of Coop. Educ. Servs., 60 N.Y.2d 979).
Moreover, the sanction of dismissal is not 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 verbal abuse and threats of violence directed at his supervisor in the presence of other employees.
Finally, we have considered petitioner's contention that the disciplinary hearing did not afford him due process and find it to be lacking in merit. Mangano, J.P., Brown, Rubin and Lawrence, JJ., concur.