Appellate Division of the Supreme Court of New York, 1996

Gozaloff v. Cosgrove

Gozaloff v. Cosgrove
Appellate Division of the Supreme Court of New York · Decided June 24, 1996
228 A.D.2d 679; 644 N.Y.2d 991; 644 N.Y.S.2d 991; 1996 N.Y. App. Div. LEXIS 7446
Gozaloff v. Cosgrove

Opinion of the Court

The Hearing Officer’s findings of guilt as to the two specifica*680tions at issue are supported by substantial evidence (see, CPLR 7803 [4]; see also, Matter of Boyd v Constantine, 81 NY2d 189, 196, quoting 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 180). Moreover, the penalty imposed by the respondents 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 NY2d 222, 233, quoting Matter of McDermott v Murphy, 15 AD2d 479, affd 12 NY2d 780).

The petitioner’s remaining contention is without merit. Miller, J. P., Pizzuto, Santucci and Hart, JJ., concur.

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