Opinion
February 19, 1991
Appeal from the Supreme Court, New York County [Eugene Nardelli, J.].
The record contains substantial evidence to support the determination of the respondent Commissioner that petitioner, without provocation, uttered a racial slur. (Matter of Papadakis v Brezenoff, 103 A.D.2d 704, affd 64 N.Y.2d 878.) No basis is presented to disturb respondent's determination as to the credibility of the witnesses (Matter of Berenhaus v Ward, 70 N.Y.2d 436).
Concur — Milonas, J.P., Rosenberger, Asch, Smith and Rubin, JJ.