Opinion
April 1, 1991
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The determination that the petitioner violated Vehicle and Traffic Law § 1128 (a) is supported by substantial evidence and must be confirmed (see, Matter of McKenzie v. Fisher, 39 N.Y.2d 103; Matter of Kahn v. State of N.Y. Dept. of Motor Vehicles, 134 A.D.2d 594). The petitioner's challenge to the administrative determination rests largely upon an issue of credibility which was primarily for the fact-finder to resolve (see, Matter of Silberfarb v. Board of Coop. Educ. Servs., 60 N.Y.2d 979; Matter of Collins v. Codd, 38 N.Y.2d 269). The testimony of the police officer that he observed the petitioner making an unsafe lane change on his motorcycle was not incredible as a matter of law and was sufficient to sustain the Commissioner's determination (see, Matter of Ballen v. Commissioner of Motor Vehicles, 147 A.D.2d 560; Matter of Martin v. Adduci, 138 A.D.2d 599).
We have reviewed the petitioner's remaining contentions and find them to be without merit. Brown, J.P., Kooper, Harwood and Miller, JJ., concur.