Opinion
November 21, 1994
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
It is well settled that judicial review of a determination rendered by an administrative body after a hearing is limited to whether that determination is supported by substantial evidence upon the entire record (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; People ex rel. Vega v Smith, 66 N.Y.2d 130; Matter of Hirsch v. New York State Dept. of Motor Vehicles, 182 A.D.2d 761). While the testimony offered by the petitioner called into question the police officer's version of the facts, it is not the role of this Court to weigh the evidence presented (see, Matter of City of New York v. Hartnett, 168 A.D.2d 555). The Hearing Officer was in the best position to determine the issue of credibility raised by the petitioner (see, Matter of Simpson v. Wolansky, 38 N.Y.2d 391).
Here we find no basis for disturbing the determination in that it was supported by substantial evidence. Sullivan, J.P., Ritter, Pizzuto and Hart, JJ., concur.