Opinion
July 26, 1993
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
There was substantial evidence in the record supporting the respondent's determination that the petitioner was lawfully arrested for operating a motor vehicle while intoxicated in violation of Vehicle and Traffic Law § 1192 and that he thereafter declined a lawful request that he submit to a chemical test pursuant to Vehicle and Traffic Law § 1194 (2) (see, CPLR 7803; Matter of Lawrence v. Adduci, 183 A.D.2d 1009; Matter of Gatto v. Adduci, 182 A.D.2d 760; Matter of Kelly v. Commissioner of Motor Vehicles of State of N.Y., 154 A.D.2d 768; Matter of Zwack v. Passidomo, 108 A.D.2d 1009; Matter of Randall v Passidomo, 101 A.D.2d 670).
We have reviewed the petitioner's remaining contentions and find them to be without merit. Mangano, P.J., Thompson, Pizzuto and Joy, JJ., concur.