Opinion
Argued October 22, 1997.
Decided April 23, 1998.
Appeal No. 0006 M.D. Appeal Docket 1997, from the Order of the Commonwealth Court dated May 31, 1996, at No. 3251 C.D. 1995, Reversing the Order of the Court of Common Pleas of Bradford County entered November 1, 1995 at No. 95 DL 000360; Jeffrey A. Smith, President Judge.
Timothy P. Wile, Harold H. Cramer, Andrew S. Gordon, Paul A. Tufano, Harrisburg, for appellant.
Daniel J. Barrett, Athens, for appellee.
Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.
ORDER
AND NOW, this 23rd day of April, 1998, we AFFIRM the Order of the Commonwealth Court on the basis of our Opinion in Sullivan v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, ___ Pa. ___, 708 A.2d 481, and without regard to the issue of whether the New York offense of Driving While Ability Impaired, N.Y. Veh. Traf. Law § 1192(1), is substantially similar to the Pennsylvania offense of Driving Under the Influence, 75 Pa.C.S.A. § 3731 (a)(1), for purposes of imposing a driver's license suspension pursuant to the Driver License Compact of 1961.