Chrisman v. Passidomo — 118 A.D.2d 707

Majority

p. 707

In the Matter of Gregory Chrisman, Petitioner, v John A. Passidomo, as Commissioner of the Department of Motor Vehicles of the State of New York, Respondent.

— 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.

Cases cited

300 Gramatan Avenue Associates v. State Division of Human Rights 45 NY2d 176 N.Y. 1978-07-13 p. 707
Pell v. Board of Education 34 NY2d 222 N.Y. 1974-05-15 p. 707