Opinion
June 16, 1998
Appeal from the Supreme Court, New York County [Harold Tompkins, J.].
It is clear that respondent evaluated the report of abuse under the required "fair preponderance of the evidence" standard ( see, Matter of Lee TT. v. Dowling, 87 N.Y.2d 699), and, upon review, we too find that the report is supported by a fair preponderance of the evidence. Petitioners argument that the hearsay testimony introduced against him was unworthy of belief is without merit, because hearsay is admissible in administrative proceedings and may constitute substantial evidence if sufficiently relevant and probative ( see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139), and credibility is for the fact finder to determine ( supra, at 140; Matter of Mary Y. v. Perales, 186 A.D.2d 325; Matter of Kenneth VV. v. Wing, 235 A.D.2d 1007, 1010). We would add that numerous, objectively ascertainable circumstances support respondents credibility findings.
Concur — Rosenberger, J. P., Ellerin, Nardelli and Wallach, JJ.