MATTER OF FERMIN-PEREA v. SWARTS

Nos. 6837, 104256/11.

95 A.D.3d 439 (2012)

943 N.Y.S.2d 96

2012 NY Slip Op 3514

In the Matter of LENIN FERMIN-PEREA, Petitioner, v. DAVID J. SWARTS, New York State Commissioner of Motor Vehicles, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 3, 2012.


In reviewing respondent's determination, made after a hearing, our review is "limited to whether [respondent's] determination is supported by substantial evidence upon the entire record" (Matter of Purdy v Kreisberg, 47 N.Y.2d 354, 358 [1979]). Moreover, we may not substitute our own judgment of the evidence for that of respondent's, "but should review the whole record to determine whether there exists a rational basis to support...

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