Foster v. Tofany

Proceeding under CPLR article 78 to review and to annul an order of the Commissioner of Motor Vehicles revoking petitioner’s motor vehicle operator’s license because of his refusal to submit to a chemical blood test (Vehicle and Traffic Law, § 1194). The revocation of petitioner’s license must be upheld if supported by substantial evidence (Matter of Story v. Hults, 27 A D 2d 745, affd. 19 N Y 2d 936; Matter of Sullivan v. Hults, 27 A D 2d 746). Here the evidence is sufficient to sustain the findings that the police officer who arrested the petitioner had reasonable grounds to believe…