Opinion
No. 2010-02828.
June 15, 2010.
Proceeding pursuant to CPLR article 78 to review a determination of the Westchester County Department of Consumer Affairs, dated March 27, 2009, which, after a hearing, found that the petitioner violated Administrative Code of the County of Westchester § 863.319 (1) (f), (c), § 863.111 (1) (a) and § 863.61, and imposed a civil penalty in the sum of $4,000.
Lovett Bellantoni, LLP, Hawthorne, N.Y., for petitioner.
Robert F. Meehan, County Attorney, White Plains, N.Y. (Stacy Dolgin-Kmetz and Thomas S. Gardiner of counsel), for respondents.
Before: Mastro, J.P., Covello, Belen and Hall, JJ.
Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
Judicial review of a determination rendered by an administrative body after a quasi-judicial hearing required by law is limited to whether the determination is supported by substantial evidence ( see Matter of Halperin v City of New Rochelle, 24 AD3d 768, 769-770; CPLR 7803). Here, the challenged determination was supported by substantial evidence in the record, that is, "such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact" ( 300 Gramatan Ave. Assoc., v State Div. of Human Rights, 45 NY2d 176, 180).
The petitioner's remaining contentions are without merit.