Opinion
November 1, 1990
Appeal from the Supreme Court, New York County [Stanley Sklar, J.].
The administrative determination was supported by substantial evidence. The officers were found guilty of various charges of misconduct following a traffic accident, where the officers failed to notify a supervisor that an off-duty housing officer was involved in the accident, failed to safeguard the civilians involved in the accident who were assaulted and verbally abused by a crowd which had gathered, and failed to properly investigate and document the occurrence. Although the hearing testimony was conflicting, the Hearing Officer found the testimony presented on behalf of the respondents was more credible. It is for the administrative agency to determine the credibility of witnesses, to weigh the evidence and to draw inferences therefrom (Irvington Enters. v. Duffy, 155 A.D.2d 335).
Concur — Murphy, P.J., Carro, Rosenberger and Smith, JJ.