Legal Opinion

Johnson v. Adduci

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1993PublishedCited by 4 opinions

1Opinion of the Court

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of Motor Vehicles of the State of New York, dated December 31, 1990, which, after a hearing, revoked the petitioner’s driver’s license.

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

The record contains substantial evidence to support the Commissioner’s determination that the petitioner refused to submit to a breathalyzer test within the meaning of Vehicle and Traffic Law § 1194. At the time of the petitioner’s arrest for driving while…

2Cases cited5 opinions

  1. Van Sickle v. MeltonAppellate Division of the Supreme Court of the State of New York · 1978
  2. People v. AdlerAppellate Division of the Supreme Court of the State of New York · 1988
  3. Di Girolamo v. MeltonAppellate Division of the Supreme Court of the State of New York · 1978
  4. Matter of Beaver v. Appeals Bd. of Admin. Adjudication Bureau, State Dep't of Motor VehiclesNew York Court of Appeals · 1986
  5. Beaver v. Appeals Board of Administrative Adjudication BureauAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by4 opinions

  1. People v. PaganCriminal Court of the City of New York · 1995
  2. People v. PalenciaAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. PalenciaAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. Phung (Joseph)Appellate Terms of the Supreme Court of New York · 2016

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