Opinion
January 16, 1990
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
It is well established that judicial review of an administrative determination is limited and that the determination should be upheld if supported by a rational basis (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Breger v. Macri, 34 N.Y.2d 727; Matter of Moorehead v. Langloh, 146 A.D.2d 777; Matter of Segal v. Bliss, 137 A.D.2d 820; Town of Hempstead v. Flacke, 82 A.D.2d 183). Issues of credibility are for the agency to determine (see, Matter of Sport Fun v. Ratner, 82 A.D.2d 890; Matter of Belnord Holding Corp. v. Joy, 73 A.D.2d 549, affd 52 N.Y.2d 945) and, in an administrative proceeding, strict rules of evidence are inapplicable (see, Matter of Sowa v. Looney, 23 N.Y.2d 329; Matter of Fee Plan v. Department of Envtl. Conservation, 118 A.D.2d 855). Our review of the hearing and evidence adduced therein, satisfies us that the determination of the Commissioner was supported by substantial evidence, had a rational basis, and should not be annulled.
We have examined the petitioner's remaining contentions and find them to be without merit. Thompson, J.P., Lawrence, Kunzeman and Harwood, JJ., concur.