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IN THE MATTER OF SCACCIA v. MARTINEZ

9 A.D.3d 882 (2004)

779 N.Y.S.2d 680

In the Matter of RONALD A. SCACCIA, Petitioner, v. RAYMOND P. MARTINEZ, as Commissioner of New York State Department of Motor Vehicles et al., Respondents.

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

July 9, 2004.

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

Memorandum:

Substantial evidence supports the determination revoking the driver's license of petitioner based on his refusal to submit to a chemical test to determine his blood alcohol level after being clearly and unequivocally provided with the warning prescribed by Vehicle and Traffic Law § 1194 (2) (b) (see Matter...

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