IN RE: David NOBEL (2024)

Determination of respondent New York City Department of Buildings, dated April 8, 2022, which, after a hearing, revoked petitioner's construction superintendent license, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order, Supreme Court, New York County [Richard Latin, J.], entered December 23, 2022) dismissed, without costs.

Substantial evidence in the record, including testimonial, documentary, and photographic evidence, supports the finding that petitioner offered a bribe to a Department of Buildings (DOB) inspector (see generally Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443, 522 N.Y.S.2d 478, 517 N.E.2d 193 [1987]). Specifically, the record includes the inspector's contemporaneous complaint to DOB, his consistent testimony that petitioner attempted to give him cash to “take care of the ․ problem with the wiring,” and the photos the inspector took of the cash and petitioner's ID. We find no basis for disturbing the Administrative Law Judge's credibility determinations (see Matter of Nelke v. Department of Motor Vehs. Of the State of N.Y., 79 A.D.3d 433, 434, 915 N.Y.S.2d 219 [1st Dept. 2010]).