MATTER OF PESANTE v. ABATE

It is respondent's role to assess the credibility of the witnesses and to have otherwise weighed the evidence relating to whether petitioner's ingestion of cocaine, which was demonstrated by an EMIT test confirmed by a more sophisticated gastromchromatography/mass spectrometry test (see, Matter of Joyner v. Abate, 199 A.D.2d 56), was inadvertent, and this Court may not substitute its judgment or choose between conflicting inferences (Matter of Elliott v. New York City Loft Bd., 205 A.D.2d 460).

Concur — Sullivan, J.P., Rosenberger, Nardelli and Williams, JJ.