Opinion
April 11, 1994
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The record contains substantial evidence to support the respondent's determination. The Administrative Law Judge was free to accept the testimony of the State Trooper as to the timing and manner of the petitioner's arrest and to reject the petitioner's testimony (see, Matter of Collins v Codd, 38 N.Y.2d 269, 270-271). Where there is conflicting testimony and questions of credibility, the reviewing court may not weigh the evidence or reject the administrative agency's determination of credibility (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444).
The petitioner was not denied due process and his procedural objections are without merit. Nor was the petitioner's right to equal protection violated (see, Matter of Stark v New York State Dept. of Motor Vehicles, 104 A.D.2d 194, affd 65 N.Y.2d 720). Balletta, J.P., Rosenblatt, Ritter and Altman, JJ., concur.