Opinion
July 14, 1986
Determination confirmed and proceeding dismissed on the merits, with costs.
Pursuant to the terms of a stay embodied in a 1981 certificate of eviction, enforcement of the certificate was stayed as long as there was a cessation of noise on the petitioner's premises. The determination to vacate the stay, predicated upon a finding that the petitioner had violated its terms, is clearly supported by substantial evidence. This conclusion is not negated by the fact that conflicting evidence was presented at the hearing. It is well established that issues of credibility are for the administrative agency's resolution (see, Matter of Cora v Joy, 81 A.D.2d 666; Matter of Manhattan Scene v State Liq. Auth., 58 A.D.2d 1010).
Contrary to the petitioner's assertion, we cannot conclude that, under the circumstances of this case, the sanction imposed was so disproportionate to the offense as to shock one's sense of fairness (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222). Niehoff, J.P., Rubin, Eiber and Kooper, JJ., concur.