Opinion
October 26, 1998
Appeal from the Supreme Court, Suffolk County (Underwood, J.).
Ordered that the judgment is affirmed, with costs.
It is well settled that in a CPLR article 78 proceeding to review the determination of an administrative board, a court may not substitute its judgment for that of the board or body it reviews unless the decision under review is arbitrary and capricious or constitutes an abuse of discretion ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231).
The determination of the respondent Smithtown Library Board of Trustees was based on several instances of misconduct by the Petitioner in illegally promoting employees in contravention of the Civil Service Laws. Thus, the penalty of termination, when considered in light of all of the circumstances of this case, was not so dispproportionate to the offense as to be shocking to one's sense of fairness ( see, Matter of Pell v. Board of Educ., supra, at 234; Matter of Soss v. Grant, 227 A.D.2d 494). Further, in this regard, a high degree of deference is to be accorded to an agency's determination of the appropriate penalty to be imposed ( see, Matter of Washington v. Dolce, 208 A.D.2d 937).
The petitioner's remaining contentions are without merit.
O'Brien, J. P., Joy, Friedmann and Goldstein, JJ., concur.