Evans v. Commissioner of Motor Vehicles

Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated March 28, 1985, which, after a hearing, inter alia, revoked the petitioner’s driving license.

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, without costs or disbursements.

There was substantial evidence supporting the Commissioner’s finding that the police had reasonable cause to believe that the petitioner had been driving an automobile while impaired by alcohol in violation of Vehicle and Traffic Law § 1192. Thus, the police were warranted in requesting the…