Opinion
July 22, 1996
Appeal from the Supreme Court, Dutchess County (Bernhard, J.).
Ordered that the appeal from the judgment dated January 19, 1994, is dismissed as the judgment was superseded by the order entered September 6, 1994, made upon reargument; and it is further,
Ordered that the order entered September 6, 1994, is reversed, without costs or disbursements, the judgment is vacated, the petition is denied, and the proceeding is dismissed on the merits.
The evidence adduced at the administrative hearing presented credibility issues which the Hearing Officer was free to resolve against the petitioner ( see, Matter of Perez v. Wilmot, 67 N.Y.2d 615; Matter of Valera v. Selsky, 185 A.D.2d 481; Matter of Lewis v. Coughlin, 172 A.D.2d 889). Bracken, J.P., O'Brien, Joy and Florio, JJ., concur.