Opinion
October 29, 1990
Appeal from the Supreme Court, Kings County (Lodato, J.).
Ordered that the judgment is affirmed, with costs.
Substantial evidence may be defined as "`such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact'" (People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139, quoting 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180). In this case, the testimony of the DeCanios', the tenants who brought the violations in question to the attention of the Commissioner, if true, established all of the facts necessary to sustain the charges against the petitioner Ausch. The Administrative Law Judge, after a hearing and consideration of many factors, including the DeCanios' demeanor and possible self-interest, credited their testimony and rejected Ausch's contentions. Those credibility determinations are supported by substantial evidence (Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 444).
We have examined the petitioner's remaining contentions and find them to be without merit. Bracken, J.P., Harwood, Miller and Ritter, JJ., concur.