From Casetext: Smarter Legal Research

Matter of Gilman v. Passidomo

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1985
109 A.D.2d 1082 (N.Y. App. Div. 1985)

Opinion

March 1, 1985

Appeal from the Supreme Court, Erie County, Wolf, J.

Present — Dillon, P.J., Callahan, Boomer and Schnepp, JJ.


Determination unanimously confirmed and petition dismissed, without costs. Memorandum: There is substantial evidence in the record to support the Commissioner's determination that the police officer had reasonable grounds to believe that petitioner had been driving in an intoxicated condition and that he refused to submit to a blood test. The petitioner's statement that he would submit to a breathalyzer test if he were taken to the police station does not excuse his refusal to submit to the blood test at the hospital. Vehicle and Traffic Law § 1194 authorized the police officer to decide the type of test to be administered; it did not provide an option to petitioner ( see, Matter of Litts v. Melton, 57 A.D.2d 1027, 1028; Matter of Cushman v. Tofany, 36 A.D.2d 1000; Matter of Breslin v. Hults, 20 A.D.2d 790).


Summaries of

Matter of Gilman v. Passidomo

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1985
109 A.D.2d 1082 (N.Y. App. Div. 1985)
Case details for

Matter of Gilman v. Passidomo

Case Details

Full title:In the Matter of ROBERT W. GILMAN, Petitioner, v. JOHN PASSIDOMO, as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 1, 1985

Citations

109 A.D.2d 1082 (N.Y. App. Div. 1985)

Citing Cases

Read v. Egan

Therefore, the determination of the administrative law judge that by his conduct the petitioner refused to…

People v. Tocco

Turning to the arguments raised in the motion, it should be noted that the defendant does not challenge the…