Schembeck v. Village Board of Village of Dolgeville

We conclude that the determination was based on substantial evidence in the record. Discrepancies between two reports prepared by petitioner describing the accident, as well as testimony that no evidence was found supporting petitioner’s account of the accident, raised the issue of petitioner’s credibility. The hearing officer found petitioner’s version of the accident to be incredible. Since the hearing officer has the opportunity to observe the demeanor and conduct of the witnesses, his findings should be accorded considerable weight (Matter of Simpson v Wolansky, 38 NY2d 391, 394).

We also…