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

303 A.D.2d 1053 (2003)

756 N.Y.S.2d 819

In the Matter of DOLORES MIRACLE, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

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

Decided March 21, 2003.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum:

The determination that petitioner, by her conduct, refused to submit to a chemical test to determine her blood alcohol level is supported by substantial evidence (see Matter of Di Girolamo v Melton, 60 A.D.2d 960 [1978]). Where a chemical test fails "for reasons attributable...

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