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MORINA v. PASSIDOMO

109 A.D.2d 783 (1985)

Thomas P. Morina, Jr., Petitioner, v. John Passidomo, as Successor by Law to Leslie G. Foschio, Commissioner of Department of Motor Vehicles, Respondent

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

March 11, 1985

Determination confirmed and proceeding dismissed on the merits, with costs.

The record contains substantial evidence to support the finding that petitioner was driving while intoxicated, in violation of Vehicle and Traffic Law § 1192, and that he refused to submit to a chemical test for the purpose of determining the alcoholic content of his blood, in violation of Vehicle and Traffic Law § 1194. Although there was conflicting evidence, it was for the administrative...

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