Goohya v. Walsh-Tozer
Opinion of the Court
Proceeding
Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.
Contrary to the petitioner’s contention, the respondent’s determination is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]; Matter of Maher v Cade, 15 AD3d 489 [2005]). Further, the penalty of dismissal is not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 [1974]; Matter of Maher v Cade, supra).
The petitioner’s remaining contentions are either not properly before the Court or without merit. Miller, J.E, Ritter, Spolzino and Dillon, JJ, concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.