SMITH v. MELTON


63 A.D.2d 796 (1978)

Nancy J. Smith, Petitioner, v. James P. Melton, as Commissioner of Motor Vehicles of The State of New York, Respondent

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

May 18, 1978


Petitioner's license to operate a motor vehicle has been revoked upon a finding that she refused to submit to a chemical test for the presence of alcohol (Vehicle and Traffic Law, § 1194).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....

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