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MATTER OF GIAMPIA v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

256 A.D.2d 578 (1998)

682 N.Y.S.2d 875

In the Matter of ROBERT L. GIAMPIA, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.

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

Decided December 28, 1998.

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

The respondent's determination that the petitioner refused to consent to a chemical test to determine his blood alcohol level 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, 180; Matter of...

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