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Matter of Romanelli v. Ward

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1990
157 A.D.2d 532 (N.Y. App. Div. 1990)

Opinion

January 18, 1990

Appeal from the Supreme Court, New York County (Eugene Nardelli, J.).


Review of the Commissioner's determination demonstrates that it was supported by substantial evidence, defined as such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact. (Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443.) Upon crediting the testimony of respondents' witnesses, there was substantial evidence that petitioner attempted to sell unregistered weapons to an unlicensed person. We reject petitioner's challenge to the determination on the ground that respondents' witnesses, also police officers, were intoxicated at the time they arrested petitioner while negotiating the sale in the bathroom of a bar. The Hearing Officer credited their testimony and we find no basis for disturbing the determination (supra). Petitioner's remaining contentions have been considered and are without merit.

Concur — Murphy, P.J., Carro, Kassal and Rosenberger, JJ.


Summaries of

Matter of Romanelli v. Ward

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1990
157 A.D.2d 532 (N.Y. App. Div. 1990)
Case details for

Matter of Romanelli v. Ward

Case Details

Full title:In the Matter of VINCENT ROMANELLI, Petitioner, v. BENJAMIN WARD, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 18, 1990

Citations

157 A.D.2d 532 (N.Y. App. Div. 1990)
549 N.Y.S.2d 722

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