O'Connor 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 January 24, 1991, which, after a hearing, revoked the petitioner’s driver’s license for one year.

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

There was substantial evidence in the record supporting the respondent’s determination that the petitioner was lawfully arrested for operating a motor vehicle while intoxicated in violation of Vehicle and Traffic Law § 1192 and that he thereafter declined a lawful…