LAW.coLAW.co

In the Matter of Gerard Gozaloff, Petitioner, v. Peter Cosgrove et al., Respondents

New York Supreme Court, Appellate Division1996-06-24
228 A.D.2d 679644 N.Y.S.2d 991

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

The Hearing Officer’s findings of guilt as to the two specifica tions 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.