Opinion
June 16, 1998
Appeal from the Supreme Court, Bronx County [Lucindo Suarez, J.].
Since there is substantial evidence to support respondents findings that various acts performed by petitioner as President of the Board of Directors of the Riverbay Corporation were unauthorized and, indeed, in violation of the law, petitioner's application to annul the determination on evidentiary grounds must be denied ( Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444). Petitioner's additional assertion that respondent violated rules that it promulgated to ensure fair adjudication in an agency possessing both prosecutorial and adjudicative power finds no support in the record, and, in any event, the record discloses that petitioners hearing was fair, both in its conduct and its outcome ( see, Matter of Children of Bedford v. Petromelis, 77 N.Y.2d 713, 723-724, vacated on other grounds 502 U.S. 1025).
We have considered petitioners remaining contentions and find them to be without merit.
Concur — Rosenberger, J. P., Ellerin, Nardelli and Wallach, JJ.