Smith v. Melton

Appellate Division of the Supreme Court of New York

Smith v. Melton

63 A.D.2d 796, 405 N.Y.S.2d 142, 1978 N.Y. App. Div. LEXIS 11739

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

DecidedMay 18, 1978

StatusPublished

This text of 63 A.D.2d 796 (Smith v. Melton) 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.

Bluebook

Smith v. Melton, 63 A.D.2d 796, 405 N.Y.S.2d 142, 1978 N.Y. App. Div. LEXIS 11739 (N.Y. Ct. App. 1978).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Warren County) to review respondent’s determination which revoked petitioner’s license to operate a motor vehicle. Petitioner’s license to operate a motor vehicle has been revoked upon a finding that she refused to submit to a chemical test for the presence of alcohol (Vehicle and Traffic Law, § 1194). The minutes of the hearing leading up to this determination reveal that the central issue presented was one of credibility and we conclude that substantial evidence supports respondent’s acceptance of the arresting officer’s account in preference to petitioner’s version of events. An examination of the record does not persuade us that the proceedings were flawed in any respect and, accordingly, the determination should be confirmed (see Matter of Litts v Melton, 57 AD2d 1027). Determination confirmed, and petition dismissed, without costs. Mahoney, P. J., Greenblott, Kane, Main and Herlihy, JJ., concur.

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Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Warren County) to review respondent’s determination which revoked petitioner’s license to operate a motor vehicle. Petitioner’s license to operate a motor vehicle has been revoked upon a finding that she refused to submit to a chemical test for the presence of alcohol (Vehicle and Traffic Law, § 1194). The minutes of the hearing leading up to this determination reveal that the central issue presented was one of credibility and we conclude that substantial evidence supports respondent’s acceptance of the arresting officer’s account in preference to petitioner’s version of events. An examination of the record does not persuade us that the proceedings were flawed in any respect and, accordingly, the determination should be confirmed (see Matter of Litts v Melton, 57 AD2d 1027). Determination confirmed, and petition dismissed, without costs. Mahoney, P. J., Greenblott, Kane, Main and Herlihy, JJ., concur.

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Bluebook (online)

63 A.D.2d 796, 405 N.Y.S.2d 142, 1978 N.Y. App. Div. LEXIS 11739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-melton-nyappdiv-1978.

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