Opinion
May 19, 1994
Appeal from the Supreme Court, Bronx County [Alan Saks, J.].
An administrative determination made after a hearing must be supported by substantial evidence (CPLR 7803; Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 181). The administrative official reviewing the findings of an Administrative Law Judge (ALJ) is not bound by the ALJ's assessment of credibility and is free to make his or her own findings, provided that same is supported by substantial evidence (see, Matter of Wiggins v. Board of Educ., 60 N.Y.2d 385, 388). However, the credibility determinations made by an ALJ are entitled to considerable weight and are significant in determining whether substantial evidence exists (Matter of Stevens v. Axelrod, 162 A.D.2d 1025). Upon our review of this record, we conclude that substantial evidence in the record exists to support the findings and conclusions of the ALJ. The findings of the respondent to the extent that they are contrary to those of the ALJ are not supported by substantial evidence and are clearly erroneous.
Concur — Murphy, P.J., Rosenberger, Wallach, Ross and Rubin, JJ.