Opinion
December 6, 1990
Appeal from the Supreme Court, New York County [Leland DeGrasse, J.].
Upon review of the record we find that there is substantial evidence to support the Commissioner's determination that petitioners were guilty of wrongfully striking an individual about the body with an object in violation of the Patrol Guide. The testimony of the disinterested eyewitness was found by the Administrative Law Judge to be highly credible, and was corroborated by the testimony of the victim. Accordingly, there is a rational basis for the determinations (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176). This court will not second guess the findings of the Administrative Law Judge with respect to the credibility of the witnesses. (See, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 444.)
Concur — Murphy, P.J., Ross, Ellerin and Smith, JJ.