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MATTER OF KANDEKORE v. COMM'R OF MOTOR VEHICLES

225 A.D.2d 774 (1996)

640 N.Y.S.2d 151

In the Matter of Lijyasu M. Kandekore, Petitioner, v. Commissioner of Motor Vehicles, Respondent

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

March 25, 1996

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

The Commissioner's determination that the petitioner refused to consent to a chemical test to determine the alcoholic content of his blood after being clearly warned of the consequences of such a refusal is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176

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