Opinion
February 16, 2000
CPLR art 78 Proceeding Transferred by Order of Supreme Court, Onondaga County, Stone, J.
PRESENT: GREEN, A. P. J., HAYES, WISNER AND BALIO, JJ.
Determination unanimously confirmed without costs and amended petition dismissed.
Memorandum:
Upon our review of the record, we conclude that the determination is supported by substantial evidence ( see generally, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 181-182). The record provides no support for petitioner's contention that the Hearing Officer was biased or that the outcome flowed from that alleged bias ( see, Matter of Hughes v. Suffolk County Dept. of Civ. Serv., 74 N.Y.2d 833, 834, mot to amend remittitur granted 74 N.Y.2d 942; Schindlar v. Incorporated Vil. of Lloyd Harbor, 261 A.D.2d 626). Finally, the penalty of dismissal is not "`so disproportionate to the offense[s], in light of all the circumstances, as to be shocking to one's sense of fairness'" ( Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233, quoting Matter of Stolz v. Board of Regents, 4 A.D.2d 361, 364).