MATTER OF O'BRIEN v. MELTON


61 A.D.2d 1091 (1978)

In the Matter of James H. O'Brien, Petitioner, v. James P. Melton, as Commissioner of The Department of Motor Vehicles, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 23, 1978


Petitioner was arrested during the early morning hours of August 30, 1975 for driving while intoxicated after the automobile he was operating collided with a State Police vehicle stopped on the highway with its emergency lights flashing. The only issue for our determination is whether there is substantial evidence to support respondent's determination that petitioner thereafter refused to take the required chemical test (Vehicle and Traffic Law, § 1194). The record discloses...

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