ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
The determination of the Levittown Union Free School District (hereinafter the District) that the petitioner was incompetent in her position as a stenographic secretary and engaged in misconduct is supported by substantial evidence in the record (see Matter of Lahey v. Kelly, 71 N.Y.2d 135; Matter of Decker v. Scoralick, 209 A.D.2d 517). The hearing officer carefully weighed the conflicting testimony and assessed the credibility of the witnesses (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436; Matter of Silberfarb v. Board Coop. Educ. Serv., 60 N.Y.2d 979). The penalty imposed, discharging the petitioner from her employment position, was not so disproportionate "as to be shocking to one's sense of fairness" (Pell v. Board of Educ., 34 N.Y.2d 222, 233).
Moreover, contrary to the petitioner's contention, the hearing officer was properly designated. There was a specific designation of the officer contained in the written
Notice of Charges, and a written resolution adopted by the District's Board of Education incorporating the Notice of Charges by reference (see Salley v. Hempstead School District, 121 A.D.2d 547).
SANTUCCI, J.P., ALTMAN, McGINITY and ADAMS, JJ., concur.