Opinion
Submitted September 21, 2000.
November 13, 2000.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent, rendered March 10, 1999, which confirmed a determination of an Administrative Law Judge, made after a hearing, sustaining Charges 1 and 2, charging that the petitioner failed to make repairs covered by a warranty and failed to have adequate equipment or competent personnel to perform the services it offered, and imposed a penalty in the sum of $6,789.56.
John W. Palmer, Mineola, N.Y., for petitioner.
Eliot Spitzer, Attorney-General, New York, N.Y. (Edward Johnson and Thomas B. Litsky of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioner's contention, the respondent's determination that it failed to make repairs covered by a warranty and failed to have adequate equipment or competent personnel to perform the services it offered is supported by substantial evidence (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222; 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Simpson v. Wolansky, 38 N.Y.2d 391; Matter of Collins v. Codd, 38 N.Y.2d 269; Matter of Teahan v. Bates, 97 A.D.2d 768).