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MATTER OF IOVINO v. MARTINEZ

39 A.D.3d 311 (2007)

835 N.Y.S.2d 36

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

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

Decided April 12, 2007.

Respondent's determination that petitioner, a New York City police captain, 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 (CPLR 7803 [4]; see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176 [1978]). The Administrative Law Judge was free to accept the testimony of the arresting officer...

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