Kandekore v. Commissioner of Motor Vehicles

The Commissioner’s determination that the petitioner refused to consent to a chemical test to determine the alcoholic content of his blood after being clearly warned of the consequences of such a refusal is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 180). The conflict between the testimony of the police witnesses and the petitioner presented an issue of cred*775ibility for the Administrative Law Judge to resolve, and where, as here, room for choice exists, a reviewing court may not weigh the evidence or reject the choice made by…