IN RE: Application of Nelson CLASS

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

IN RE: Application of Nelson CLASS, Petitioner, For a Judgment, etc., v. The NEW YORK CITY HOUSING AUTHORITY, et al., Respondents.

Decided: May 28, 1998

Before LERNER, P.J., and ELLERIN, RUBIN, TOM and ANDRIAS, JJ. John D. Patten, for Petitioner. Clarice B. Rabinowitz, for Respondents.

Determination of respondent New York City Housing Authority dated on or about April 11, 1996, terminating petitioner's employment with respondent, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Harold Tompkins, J.], entered March 14, 1997), dismissed, without costs.

 Petitioner was afforded a fair hearing and substantial evidence supports the determination (see, 300 Gramatan Ave. Assocs. v. State Division of Human Rights, 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d 1183).  The Hearing Officer's credibility determinations will not be disturbed by this Court (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443-444, 522 N.Y.S.2d 478, 517 N.E.2d 193), and petitioner's claim of bias is unsubstantiated.   An administrative proceeding is not subject to the same rules of evidence as a trial (People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139, 495 N.Y.S.2d 332, 485 N.E.2d 997), and, in any event, there is no indication that the Hearing Officer took into account uncharged conduct and hearsay in making his report and recommendation.