Proceeding pursuant to CPLR article 78 to review a determination of the State of New York Department of Motor Vehicles Appeals Board dated October 12, 2010, affirming a determination of an administrative law judge dated May 14, 2010, *838 which, after a hearing, found that the petitioner violated Vehicle and Traffic Law § 1225–c, and imposed a fine in the sum of $130.R. Bertil Peterson, Lake Success, N.Y., petitioner pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and Marion R. Buchbinder of counsel), for respondents.
ADJUDGED that the determination dated October 12, 2010, is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
The determination that the petitioner violated Vehicle and Traffic Law § 1225–c is supported by substantial evidence. The petitioner's challenge to the administrative determination rests upon an issue of credibility which was primarily for the factfinder to resolve, and we see no basis to overturn the factfinder's determination ( see Matter of Hildreth v. New York State Dept. of Motor Vehs. Appeals Bd., 83 A.D.3d 838, 921 N.Y.S.2d 137).
DILLON, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.