Giampia v. New York State Department of Motor Vehicles

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Department of Motor Vehicles, dated October 30, 1997, which affirmed a decision of an Administrative Law Judge, made after a hearing, which, inter alia, revoked the petitioner’s driver’s license.

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

The respondent’s determination that the petitioner 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…