Opinion
June 5, 1990
Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).
This proceeding arises out of an incident in which petitioner's car struck a motorcycle driven by the complainant. As a result, a variety of charges were served against her, including wrongfully leaving the scene of an accident and failing to report said accident. At the hearing, petitioner denied the charges, claiming that her automobile had been stolen and that someone who resembled her had driven the car which struck the motorcycle. However, an eyewitness identified petitioner at the hearing as the individual who operated the vehicle. Accordingly, there is substantial evidence in the record to support the respondent's determination that petitioner was guilty of the charges against her (300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176). It is well established that the Hearing Officer is in a unique and advantageous position to assess issues of credibility, and, therefore, the reviewing court will not substitute its judgment for that of a Hearing Officer to resolve conflicting testimony (see, Ciccone v. Waterfront Commn., 52 N.Y.2d 913; Matter of Ragazzino [Ross], 52 N.Y.2d 858).
Concur — Kupferman, J.P., Sullivan, Carro and Milonas, JJ.