Opinion
Submitted November 3, 2000.
December 6, 2000.
Proceeding pursuant to CPLR article 78 to review a determination of the Board of Education of the City of New York dated February 2, 1999, which, after a hearing, adopted the recommendation of an Administrative Law Judge, found the petitioner guilty of misconduct, and terminated his employment as a supervisor of school maintenance workers.
Tanner, Ortega Campbell, LLP, New York, N.Y. (Hugo G. Ortego of counsel), for petitioner.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Janet L. Zaleon of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The Administrative Law Judge found that on 236 occasions within a 14-month period, the petitioner entered false information on his time cards. The determination that the petitioner was guilty of misconduct was supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Hickman v. Poughkeepsie City School Dist., 237 A.D.2d 289; Matter of Roach v. Plainedge Union Free School Dist., 230 A.D.2d 861). The penalty of termination was not so disproportionate to the misconduct as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of Clark v. Canandaigua City School Dist., 179 A.D.2d 1006, affd 80 N.Y.2d 912).