Legal Opinion
Miracle v. New York State Department of Motor Vehicles
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 2003PublishedCited by 3 opinions
1Opinion of the Court
—CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Seneca County (Bender, J.), entered November 25, 2002, seeking to compel respondents to restore petitioner’s operator’s license.
It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.
Memorandum: The determination that petitioner, by her conduct, refused to submit to a chemical test to determine her blood alcohol level is supported by substantial evidence (see Matter of Di Girolamo v Melton, 60 AD2d 960 [1978]). Where a chemical…
2Cases cited5 opinions
- Berenhaus v. WardNew York Court of Appeals · 1987
- Van Sickle v. MeltonAppellate Division of the Supreme Court of the State of New York · 1978
- Di Girolamo v. MeltonAppellate Division of the Supreme Court of the State of New York · 1978
- Matter of Beaver v. Appeals Bd. of Admin. Adjudication Bureau, State Dep't of Motor VehiclesNew York Court of Appeals · 1986
- Beaver v. Appeals Board of Administrative Adjudication BureauAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by3 opinions
- Ferris v. New York State Department of Motor Vehicles Appeals BoardAppellate Division of the Supreme Court of the State of New York · 2015
- FERRIS, PAMELA G. v. NEW YORK STATE DMV APPEALS BOARDAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Read v. EganAppellate Division of the Supreme Court of the State of New York · 2019