Legal Opinion

Iovino v. Martinez

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

Decided April 12, 2007Published

1Opinion of the Court

Determination after hearing by respondent Appeals Board, dated May 31, 2005, which revoked petitioner’s driver’s license, unanimously confirmed, the petition denied, and this CPLR article 78 proceeding (transferred to this Court by order of the Supreme Court, New York County [Alice Schlesinger, J.], entered March 6, 2006) dismissed, without costs.

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…

2Cases cited3 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Berenhaus v. WardNew York Court of Appeals · 1987
  3. Soto v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1994

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