Argued June 26, 2001.
September 17, 2001.
In a proceeding pursuant to CPLR article 75 to modify a determination of a Hearing Officer made pursuant to Education Law 3020-a, dated September 25, 1999, which, after a hearing, sustained certain charges against the respondent, Edward Brandman, and suspended him for two years without pay, the petitioner appeals from an order of the Supreme Court, Nassau County (Franco J.), entered March 16, 2000, which denied the petition and confirmed the determination.
Ehrlich, Frazer Feldman, Garden City, N.Y. (Jerome H. Ehrlich of counsel), for appellant.
James R. Sandner, New York, N.Y. (Maria Elena Gonzalez of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly confirmed the Hearing Officer's determination since the petitioner did not demonstrate any basis for vacating it under CPLR 7511 (see, Education Law — 3020-a; Matter of Board of Educ. of Westhampton Beach Union Free School Dist. v. Ziparo, 275 A.D.2d 411; cf., Matter of Board of Educ. of E. Hampton Union Free School Dist. v. Yusko, 269 A.D.2d 445, 446). The Hearing Officer's determination has a rational basis and is supported by the record (see, CPLR 7801; Matter of Fischer v. Smithtown Cent. School Dist., 262 A.D.2d 560).
The petitioner's remaining contentions are without merit.