Opinion
October 16, 1995
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
"It is well settled that judicial review of a determination rendered by an administrative body after a hearing is limited to whether that determination is supported by substantial evidence upon the entire record" ( Matter of Liuzzo v. State of N.Y. Dept. of Motor Vehicles Appeals Bd., 209 A.D.2d 618; see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180). "Substantial evidence `means such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact'" ( Matter of Boyd v. Constantine, 81 N.Y.2d 189, 196, citing 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, supra). In addition, the decision of a Hearing Officer to credit the testimony of witnesses is largely unreviewable by the courts, who are disadvantaged in such matters because their review is confined to the printed record ( see, Matter of Hall v. Del Castillo, 174 A.D.2d 743; see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436). Here, the Board's determination was supported by substantial evidence.
The penalty of dismissal is not so disproportionate to the offense as to be shocking to one's sense of fairness ( see, Matter of Boyd v. Constantine, 81 N.Y.2d 189, supra; Matter of Pell v. Board of Educ., 34 N.Y.2d 222).
The petitioner's remaining contentions are without merit. Thompson, J.P., Altman, Goldstein and Florio, JJ., concur.