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In the Matter of DENNIS SACCONE, Petitioner, v. GARDEN CITY PARK WATER/FIRE DISTRICT, Respondent.

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; 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 NY2d 176, 180-182; Matter of Masons v. Martinez, 8 AD3d 671, 672). 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 AD2d 1038; Matter of Catalano v. Village of Kenmore, 255 AD2d 948). 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 NY2d 32, 38, quoting Matter of Pell v. Board of Educ., 34 NY2d 222, 237; 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.

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IN RE OF SACCONE
(Dec 13, 2004)