Kandekore v. Commissioner of Motor Vehicles

225 A.D.2d 774, 640 N.Y.2d 151, 640 N.Y.S.2d 151, 1996 N.Y. App. Div. LEXIS 3136

Opinion

The Commissioner’s determination that the petitioner refused to consent to a chemical test to determine the alcoholic content of his blood after being clearly warned of the consequences of such a refusal is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 180). The conflict between the testimony of the police witnesses and the petitioner presented an issue of credibility for the Administrative Law Judge to resolve, and where, as here, room for choice exists, a reviewing court may not weigh the evidence or reject the choice made by the agency (see, Matter of Holland v Commissioner of N. Y. State Dept. of Motor Vehicles, 213 AD2d 637; Matter of Liuzzo v State of N. Y. Dept. of Motor Vehicles Appeals Bd., 209 AD2d 618; Matter of Gatto v Adduci, 182 AD2d 760).

The petitioner’s remaining contentions are without merit. Balletta, J. P., Sullivan, Joy and Krausman, JJ., concur.