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In the Matter of NICO LIUZZO, Petitioner, v. STATE OF NEW YORK DEPARTMENT OF MOTOR VEHICLES APPEALS BOARD, Respondent.

It is well settled that judicial review of a determination rendered by an administrative body after a hearing is limited to whether that determination is supported by substantial evidence upon the entire record (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; People ex rel. Vega v Smith, 66 N.Y.2d 130; Matter of Hirsch v. New York State Dept. of Motor Vehicles, 182 A.D.2d 761). While the testimony offered by the petitioner called into question the police officer's version of the facts, it is not the role of this Court to weigh the evidence presented (see, Matter of City of New York v. Hartnett, 168 A.D.2d 555). The Hearing Officer was in the best position to determine the issue of credibility raised by the petitioner (see, Matter of Simpson v. Wolansky, 38 N.Y.2d 391).

Here we find no basis for disturbing the determination in that it was supported by substantial evidence. Sullivan, J.P., Ritter, Pizzuto and Hart, JJ., concur.

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MATTER OF LIUZZO v. STATE OF N.Y. DEPARTMENT
(Nov 21, 1994)