Opinion
October 31, 1996.
Determination of respondent Commissioner of Motor Vehicles dated May 31, 1995, which affirmed an Administrative Law Judge's finding that petitioner violated Vehicle and Traffic Law § 1111 (d) (1), and suspended petitioner's driver's license for 60 days and imposed a $270 fine, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Carol Arber, J.], entered September 11, 1995) is dismissed, without costs.
Before: Rosenberger, J. P., Ellerin, Rubin, Kupferman and Nardelli, JJ.
Respondent's determination was supported by substantial evidence. The police officer's unequivocal testimony at the administrative hearing established that petitioner drove his taxi through a red signal in violation of Vehicle and Traffic Law § 1111 (d) (1). Petitioner's denial merely presented an issue of credibility for the Administrative Law Judge ( see, Matter of Williams v New York City Taxi Limousine Commn., 225 AD2d 502).
Petitioner's additional claim, that he was entitled to 30 days' credit with respect to his 60-day suspension for the period prior to the effective date of the automatic statutory stay (Vehicle and Traffic Law § 228), must be rejected in light of his concession in the petition that he had requested and received a stay of his suspension pending his administrative appeal.
We have considered petitioner's remaining contentions and find them to be without merit.