FOSTER v. KELLY

The findings that petitioner made false and misleading statements to Department investigators and attempted to influence the testimony of a witness in an official investigation are supported by substantial evidence

( see 300 Gramatan Ave. Assoc., v State Div. of Human Rights, 45 NY2d 176). There is no basis for disturbing the hearing officer's findings of credibility ( see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). The penalty of dismissal from employment does not shock the judicial conscience ( see Matter of Kelly v Safir, 96 NY2d 32).