Opinion
Argued October 28, 1999
December 6, 1999
Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Appeals Board, dated July 31, 1998, which affirmed a determination of an Administrative Law Judge, made after a hearing, that the petitioner had refused to submit to a chemical test to determine her blood alcohol level and revoked her driver's license for six months.
Vincent F. Nicolosi, Bayside, N.Y. (Sheila A. McNamara of counsel), for petitioner.
Eliot L. Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Mary Lynn Nicolas of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, ANITA R. FLORIO, NANCY E. SMITH, JJ.
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
There is substantial evidence to support the determination that the petitioner refused to submit to a chemical test to determine her blood alcohol level after being clearly and unequivocally provided with the statutory warning pursuant to Vehicle and Traffic Law § 1194(2)(b) (see, Matter of Galante v. Commissioner of Motor Vehicles of State of N.Y., 253 A.D.2d 763 ). The variance between the testimony of the arresting officer and that of the petitioner presented an issue of credibility to be resolved by the Administrative Law Judge (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436 ).
The petitioner's remaining contentions are without merit.
O'BRIEN, J.P., THOMPSON, FLORIO, and SMITH, JJ., concur.