Power v. Board of Trustees

— Determination unanimously confirmed, without costs, and petition dismissed. Memorandum: Upon reviewing the record, we find that the determination of the respondent sustaining charges of misconduct against petitioner is supported by substantial evidence. In light of all of the circumstances, the sanction of dismissal from employment as laborer in the Department of Public Works was not so disproportionate to the offense as to be shocking to one’s sense of fairness (Matter of Pell v Board of Educ., 34 NY2d 222, 233; cf. Matter of Santarella v New York City Dept, of Correction, 53 NY2d 948).…