Opinion
March 29, 1999
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The determination was supported by substantial evidence ( see, Matter of Lahey v. Kelly, 71 N.Y.2d 135; 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176). The conflicting testimony presented at the hearing raised issues of credibility for the Hearing Officer to resolve ( see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436; Matter of Schurr v. Wingate, 243 A.D.2d 571; Matter of LaCanfora v. Lloyd, 229 A.D.2d 496). This record provides no basis to disturb the Hearing Officer's resolution of those issues in favor of the respondents.
The petitioner s remaining contentions are without merit.
O'Brien, J. P., Friedmann, Florio and McGinity, JJ., concur.