Opinion
September 14, 1998
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
There was substantial evidence to support the determination that the petitioner refused to consent to a chemical test to determine his blood alcohol level after being clearly and unequivocally provided with the statutory warning pursuant to Vehicle and Traffic Law § 1194 Veh. Traf. (2) (b) ( see, Matter of DelCastello v. Adduci, 225 A.D.2d 695; Matter of Boyce v. Commissioner of N.Y. State Dept. of Motor Vehicles, 215 A.D.2d 476; Matter of Gatto v. Adduci, 182 A.D.2d 760; Matter of Geary v. Commissioner of Motor Vehicles of State of N.Y., 92 A.D.2d 38, affd 59 N.Y.2d 950). The conflict 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, 443-444; Matter of Holland v. Commissioner of N.Y. State Dept. of Motor Vehicles, 213 A.D.2d 637; Matter of Abdelrahman v. New York State Liq. Auth., 209 A.D.2d 405).
Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.