Opinion
November 30, 1998
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The determination that the petitioner violated Vehicle and Traffic Law § 1111 Veh. Traf. (d) (1) is supported by substantial evidence and must be confirmed ( see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Ballen v. Commissioner of Motor Vehicles, 147 A.D.2d 560). The petitioner's challenge to the administrative determination rests upon an issue of credibility which was primarily for the fact-finder to resolve ( see, Matter of Kahn v. State of N.Y. Dept. of Motor Vehicles, 134 A.D.2d 594).
The minor discrepancy in the police officer's description of the petitioner's vehicle (a black 1993 Toyota sedan) as a black 1991 Toyota sedan, is "insufficient to overcome the great weight that is accorded to the Administrative Law Judge's findings" ( Matter of Toplitz v. Adduci, 162 A.D.2d 271).
Rosenblatt, J.P., Ritter, Santucci and McGinity, JJ., concur.