Opinion
May 27, 1993
Appeal from the Supreme Court, New York County [Edith Miller, J.].
Contrary to petitioner's claim the determination is supported by substantial evidence (300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176). It is for the administrative agency, not the court, to resolve issues of credibility (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444). The petitioner's due process rights were not violated by the admission of the second eyewitness' testimony as related by Sergeant Jensen, who interviewed him over the phone. Hearsay statements are admissible and may constitute substantial evidence at administrative proceedings. (People ex rel. Vega v Smith, 66 N.Y.2d 130.) We have considered petitioner's remaining contentions and find them to be without merit.
Concur — Sullivan, J.P., Carro, Ellerin and Wallach, JJ.