Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The petitioner, a sanitation worker employed by the Village of Port Chester, failed to report for work on 17 occasions between January 15, 1992, and January 22, 1993. After a hearing, the Hearing Officer found that the absences were unexcused. The Hearing Officer recommended that the petitioner's employment be terminated. By resolution dated May 24, 1993, the Board of Trustees of the Village of Port Chester (hereinafter the Board), confirmed the Hearing Officer's findings and accepted his recommendation that the petitioner's employment be terminated. On June 21, 1993, a post-termination hearing was held before the Board. After the post-termination hearing, the Board adhered to its prior resolution and found that the petitioner's employment was properly terminated based upon his repeated unexcused absences.
Contrary to the petitioner's contention, the determination of the Board was supported by substantial evidence (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130; Matter of Purdy v. Kreisberg, 47 N.Y.2d 354, 358; 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 179; Matter of Telesco v. Village of Port Chester, 211 A.D.2d 723 [decided herewith]; Matter of De Stefano v. Village of Port Chester, 211 A.D.2d 716 [decided herewith]).
Under the circumstances of this case, the termination of the petitioner's employment was not so disproportionate to the offense as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233; Matter of Butterly Green v. Lomenzo, 36 N.Y.2d 250, 255; Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 445). Therefore, the determination of the Board should not be disturbed.
The petitioner's remaining contentions are unpreserved for appellate review (see, Matter of Hughes v. Suffolk County Dept. of Civ. Serv., 74 N.Y.2d 833, 834; Matter of NAB Constr. Corp. v Goldin, 175 A.D.2d 245; Matter of Hennekens v. State Tax Commn., 114 A.D.2d 599). In any event, those contentions are without merit. Rosenblatt, J.P., Altman, Friedmann and Florio, JJ., concur.