IN RE: Dennis SACCONE (2004)

Proceeding pursuant to CPLR article 78 to review a determination of the respondent, Garden City Park Water/Fire District, dated December 18, 2002, which, after a hearing pursuant to Civil Service Law § 75, found the petitioner guilty of misconduct by filing a false or fraudulent claim of injury, and terminated his employment.

ADJUDGED that the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits, with costs.

Judicial review of a determination rendered by an administrative body after a hearing is limited to whether that determination is supported by substantial evidence (see CPLR 7803[4];  300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180-182, 408 N.Y.S.2d 54, 379 N.E.2d 1183;  Matter of Masons v. Martinez, 8 A.D.3d 671, 672, 779 N.Y.S.2d 537).   The respondent's determination that the petitioner filed a false or fraudulent claim of injury, thereby procuring a Workers' Compensation leave of absence, is supported by substantial evidence in the record (see Matter of Knight v. Board of Coop. Educ. Servs. of Cattaraugus-Allegany-Erie-Wyoming Counties, 275 A.D.2d 1038, 714 N.Y.S.2d 166;  Matter of Catalano v. Village of Kenmore, 255 A.D.2d 948, 680 N.Y.S.2d 375).   Moreover, the penalty imposed was not “so disproportionate to the offense as to be shocking to one's sense of fairness” (Matter of Kelly v. Safir, 96 N.Y.2d 32, 38, 724 N.Y.S.2d 680, 747 N.E.2d 1280, quoting Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 237, 356 N.Y.S.2d 833, 313 N.E.2d 321;  see also Matter of Knight v. Board of Coop. Educ. Servs. of Cattaraugus-Allegany-Erie-Wyoming Counties, supra ).

The petitioner's remaining contention is without merit.