IN RE: DELAURIE ASSOCIATES (2004)

Proceeding pursuant to CPLR article 78 to review a determination of Raymond P. Martinez, the New York State Department of Motor Vehicles Appeals Board, dated March 10, 2003, affirming a determination of an Administrative Law Judge, dated September 25, 2002, which, after a hearing, found that the petitioner violated New York City Traffic Rules and Regulations (34 RCNY) § 4-15(b)(9), and imposed a penalty.

ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

 Judicial review of a determination rendered by an administrative body after a hearing is limited to whether that determination is supported by substantial evidence upon the entire record (see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183;  Matter of L. Camino Trucking v. Martinez, 5 A.D.3d 597, 774 N.Y.S.2d 158).   Substantial evidence has been defined as “such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact” (300 Gramatan Ave. Assoc. v. State Div. of Human Rights, supra at 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183).   Moreover, “[t]he courts may not weigh the evidence or reject the choice made by [an administrative agency] where the evidence is conflicting and room for choice exists” (Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 444, 522 N.Y.S.2d 478, 517 N.E.2d 193, quoting Matter of Stork Rest. v. Boland, 282 N.Y. 256, 267, 26 N.E.2d 247).   As the determination is supported by substantial evidence, we decline to disturb it.

The petitioner's remaining contentions are without merit.