Medico v. State

Proceeding pursuant to CPLR article 78 to review respondent’s determination dated February 22, 1984, which revoked petitioner’s motor vehicle operator’s license because of his refusal to submit to a chemical breathalyzer test following his arrest for driving while intoxicated.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

Respondent’s determination to revoke petitioner’s driver’s license was supported by substantial evidence. Although petitioner denied ever having driven the vehicle, it was within the province of the Commissioner of the…