Chrisman v. Passidomo
This text of 118 A.D.2d 707 (Chrisman v. Passidomo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the Department of Motor Vehicles, dated September 21, 1984, which, after a hearing, revoked the petitioner’s driving privileges in the State of New York pursuant to Vehicle and Traffic Law § 1194 for refusal to submit to a chemical test to determine the alcohol content of his blood.
Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
The determination that petitioner refused to submit to a chemical test of his breath for the purpose of determining the alcohol content of his blood pursuant to Vehicle and Traffic Law § 1194 is supported by substantial evidence (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176; Matter of Pell v Board of Educ., 34 NY2d 222). Lazer, J. P., Thompson, Bracken and Rubin, JJ., concur.
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Cite This Page — Counsel Stack
118 A.D.2d 707, 499 N.Y.S.2d 892, 1986 N.Y. App. Div. LEXIS 54567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chrisman-v-passidomo-nyappdiv-1986.