Opinion
March 27, 1995
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The determination of the Commissioner of the Department of Motor Vehicles to revoke the petitioner's driver's license is supported by substantial evidence. Although conflicting evidence was adduced at the hearing, it was for the Administrative Law Judge to weigh the conflicting evidence and assess the credibility of the witnesses. We may not substitute our judgment for that of the Administrative Law Judge when, as here, the testimony of the witnesses is not incredible as a matter of law (see, Matter of Gatto v. Adduci, 182 A.D.2d 760; Matter of Lloyd v. County of Suffolk Police Dept., 141 A.D.2d 644; Matter of Leavy v. Commissioner of Motor Vehicles of State of N Y, 141 A.D.2d 643; Morina v. Passidomo, 109 A.D.2d 783). Thompson, J.P., Lawrence, Hart and Goldstein, JJ., concur.