The findings that petitioner berated and attempted to physically provoke respondent's clients, and ignored her supervisor's direct instructions to stop such conduct, is supported by substantial evidence (see 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180-181), including the testimony of four co-employees (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444). We also conclude that a negative inference was properly drawn against petitioner because of her failure to testify (see Farrell v. Labarbera, 181 A.D.2d 715, 716).
The penalty imposed does not shock our sense of fairness (see Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.