MATTER OF GILMAN v. PASSIDOMO


109 A.D.2d 1082 (1985)

In the Matter of Robert W. Gilman, Petitioner, v. John Passidomo, as Commissioner of Motor Vehicles for The State of New York, Respondent

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

March 1, 1985


Determination unanimously confirmed and petition dismissed, without costs.

Memorandum:

There is substantial evidence in the record to support the Commissioner's determination that the police officer had reasonable grounds to believe that petitioner had been driving in an intoxicated condition and that he refused to submit to a blood test. The petitioner's statement that he would submit to a breathalyzer test if he were taken to the police station does not...

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