Opinion
May 10, 1999
Proceedingt pursuant to CPLR article 78 to review a determination of the respondent COmmissioner of the Department of Motor Vehicle of the State of New York, dated September 29, 1997, which adopted the recommendation of a hearing Officer to revoke the petitioner's license for six months.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioner's allegation, there is substantial evidence to support the determination of the respondent. The police officer's stop of the petitioner's vehicle was authorized based on the officer's observation of a violation of the Vehicle and Traffic Law ( see, People v. Schroeder, 229 A.D.2d 917; People v. Nicolo, 166 A.D.2d 912; People v. Sherwood, 160 A.D.2d 1203, 1204). Further, based on the officer's observations before and after the stop, he had reasonable grounds to believe that the petitioner was driving while impaired or intoxicated ( see, Matter of Boyle v. Tofany, 36 N.Y.2d 1012; Matter of Tompkins v. Melton, 57 A.D.2d 682). Accordingly, his requests that the petitioner submit to a field sobriety test and breathalyzer test were proper, and the petitioner's refusal to submit to either test warranted revocation of his license ( see, Matter of Boyle v. Tofany, supra; Vehicle and Traffic Law § 1194 Veh. Traf.).
The petitioner's remaining contention is without merit ( see, Matter of Finocchairo v. Kelly, 11 N.Y.2d 58, cert denied 370 U.S. 912).
O'Brien, J. P., Ritter, Joy and Altman, JJ., concur.