From Casetext: Smarter Legal Research

Morina v. Passidomo

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1985
109 A.D.2d 783 (N.Y. App. Div. 1985)

Opinion

March 11, 1985


Determination confirmed and proceeding dismissed on the merits, with costs.

The record contains substantial evidence to support the finding that petitioner was driving while intoxicated, in violation of Vehicle and Traffic Law § 1192, and that he refused to submit to a chemical test for the purpose of determining the alcoholic content of his blood, in violation of Vehicle and Traffic Law § 1194. Although there was conflicting evidence, it was for the administrative law judge to weigh the conflicting evidence and assess the credibility of the witnesses. We may not substitute our judgment for his judgment ( Matter of Stork Rest. v. Boland, 282 N.Y. 256; Matter of Silberfarb v. Board of Coop. Educ. Servs., 60 N.Y.2d 979).

We have considered petitioner's other contentions and find them to be without merit. Mangano, J.P., Gibbons, Bracken and Niehoff, JJ., concur.


Summaries of

Morina v. Passidomo

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1985
109 A.D.2d 783 (N.Y. App. Div. 1985)
Case details for

Morina v. Passidomo

Case Details

Full title:THOMAS P. MORINA, JR., Petitioner, v. JOHN PASSIDOMO, as Successor by Law…

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

Date published: Mar 11, 1985

Citations

109 A.D.2d 783 (N.Y. App. Div. 1985)

Citing Cases

Matter of Smith v. Passidomo

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The central…

Matter of Kelly v. Commr. of Motor Vehicles

Initially, we note that this proceeding should have been immediately transferred to this court by Supreme…