Opinion
April 7, 1986
Determination confirmed and proceeding dismissed on the merits, with costs.
Our review of the record as a whole convinces us that there is substantial evidence to support the Commissioner's determination that the report should not be expunged (see, e.g., Matter of Livecchi v. Perales, 118 A.D.2d 714).
The petitioner also contends that the hearing officer's decision failed to credit or give weight to certain testimony. Where, as in the instant proceeding, there is conflicting testimony and questions of credibility exist, the weight given to the testimony, and the choices made, are matters for the trier of fact and are not germane upon an analysis for the presence of substantial evidence (see, 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Stork Rest. v. Boland, 282 N.Y. 256). Mollen, P.J., Rubin, Eiber and Kooper, JJ., concur.