Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
To annul an administrative determination made after a hearing, a court must conclude that the record lacks substantial evidence to support the determination (see, Matter of Lahey v Kelly, 71 N.Y.2d 135, 140; Matter of Silberfarb v Board of Coop. Educ. Servs., 60 N.Y.2d 979, 981; see also, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 181; Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230). Here, the determination of the Commissioner of Labor was supported by substantial evidence. The testimony and exhibits adduced at the hearing established the facts necessary to sustain the numerous specifications of incompetency and misconduct against the petitioner.
Further, the penalty of suspension without pay for one month was not so disproportionate to the offenses committed as to be shocking to one's sense of fairness (see, Matter of Linfield v Nyquist, 48 N.Y.2d 1005; Matter of Pell v Board of Educ., supra). Sullivan, J.P., Thompson, Hart and Goldstein, JJ., concur.