Opinion
Submitted April 28, 1999
June 7, 1999
Shapiro Coleman, North Massapequa, N.Y. (Stephen I. Shapiro and J. Ceasar Galarza of counsel), for appellant.
Eliot L. Spitzer, Attorney-General, New York, N.Y. (Thomas D. Hughes of counsel; Susan B. Eisner on the brief), for respondents.
CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, DANIEL W. JOY, MYRIAM J. ALTMAN, NANCY E. SMITH, JJ.
DECISION JUDGMENT
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Appeals Board of the Administrative Adjudication Bureau, dated December 19, 1997, affirming a decision of an Administrative Law Judge of the Department of Motor Vehicles, dated August 12, 1996, which, after a hearing, found the petitioner guilty of violating Vehicle and Traffic Law § 1141 Veh. Traf. and imposed a penalty.
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
"It is well settled that judicial review of a determination rendered by an administrative body after a hearing is limited to whether that determination is supported by substantial evidence upon the entire record" ( Matter of Liuzzo v. State of New York Dept. of Motor Vehicles Appeals Bd., 209 A.D.2d 618; 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176). Issues of credibility are for the Administrative Law Judge to determine, and "it is not the role of this [c]ourt to weigh the evidence presented" ( Matter of Liuzzo v. State of New York Dept. of Motor Vehicles Appeals Bd., supra; see, Matter of Simpson v. Wolansky, 38 N.Y.2d 391).
The determination here that the petitioner violated Vehicle and Traffic Law § 1141 Veh. Traf. is supported by substantial evidence, and there is no reason to disturb it.
The petitioner's remaining contentions are without merit.
O'BRIEN, J.P., RITTER, JOY, ALTMAN, and SMITH, JJ., concur.