Appellate Division of the Supreme Court of the State of New York December 27, 2011 (R. Bertil Peterson v. State)

The determination that the petitioner violated Vehicle and Traffic Law § 1225-c is supported by substantial evidence. The petitioner’s challenge to the administrative determination rests upon an issue of credibility which was primarily for the fact-finder to resolve, and we see no basis to overturn the factfinder’s determination (see Matter of Hildreth v New York State Dept. of Motor Vehs.