Lewis v. Lipsman

Contrary to the petitioner’s contention, the determination that she engaged in misconduct is supported by substantial evidence in the record (see Matter of Berenhaus v Ward, 70 NY2d 436 [1987]; Matter of Alexander v New York State Off. of Children & Family Servs., 50 AD3d 895 [2008]). Further, “[a]n administrative penalty must be upheld unless it ‘is so disproportionate to the offense as to be shocking to one’s sense of fairness,’ thus constituting an abuse of discretion as a matter of law” (Matter of Kreisler v New York City Tr. Auth., 2 NY3d 775, 776 [2004], quoting Matter of Pell v Board…