Kandekore v. Commissioner of Motor Vehicles

Appellate Division of the Supreme Court of New York

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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 25, 1996

StatusPublished

Cited by2 cases

This text of 225 A.D.2d 774 (Kandekore v. Commissioner of Motor Vehicles) 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.

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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 (N.Y. Ct. App. 1996).

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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 cred[775]*775ibility 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.

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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 cred[775]*775ibility 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.

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225 A.D.2d 774, 640 N.Y.2d 151, 640 N.Y.S.2d 151, 1996 N.Y. App. Div. LEXIS 3136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kandekore-v-commissioner-of-motor-vehicles-nyappdiv-1996.

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