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  5. 195 A.D.2d 604 (1993)
 

MATTER OF O'CONNOR v. NEW YORK STATE DEP'T OF MOTOR VEHICLES

195 A.D.2d 604 (1993)

602 N.Y.S.2d 545

In the Matter of Michael O'Connor, Petitioner, v. New York State Department of Motor Vehicles, Respondent

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

July 26, 1993

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

There was substantial evidence in the record supporting the respondent's determination that the petitioner was lawfully arrested for operating a motor vehicle while intoxicated in violation of Vehicle and Traffic Law § 1192 and that he thereafter declined a lawful request that he submit to a chemical test pursuant to Vehicle and Traffic Law § 1194 (2)...

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