| Matter of Sharf v New York State Dept. of Motor Vehicles |
| 2010 NY Slip Op 05011 [74 AD3d 978] |
| June 8, 2010 |
| Appellate Division, Second Department |
| In the Matter of Barry Sharf, Petitioner, v New York StateDepartment of Motor Vehicles et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, New York, N.Y. (Richard Dearing and SudarsanaSrinivasan of counsel), for respondents.
Proceeding pursuant to CPLR article 78 to review a determination of the AdministrativeAppeals Board of the respondent New York State Department of Motor Vehicles dated April 28,2009, confirming a determination of an administrative law judge, dated December 12, 2008,which, after a hearing, found that the petitioner had refused to submit to a chemical test inviolation of Vehicle and Traffic Law § 1194, and revoked his driver's license.
Adjudged that the determination is confirmed, the petition is denied, and the proceeding isdismissed on the merits, with costs.
A review of the record clearly demonstrates that the findings of the administrative law judgeare supported by substantial evidence (see Matter of Pell v Board of Educ. of Union FreeSchool Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d222, 231-232 [1974]). The evidence adduced at the hearing demonstrated that the police hadreasonable grounds to believe that the petitioner had been driving in violation of Vehicle andTraffic Law § 1192, that the police lawfully arrested the petitioner, that the police gave thepetitioner sufficient warning of the consequences of refusing to submit to a chemical test, andthat the petitioner refused to submit to the chemical test (see Vehicle and Traffic Law§ 1194 [2] [c]; Matter of Liebel v Jackson, 261 AD2d 474 [1999]).
The petitioner's remaining contention is not properly before this Court, as it was not raised atthe administrative hearing (see Matter of Gonzalez v State Liq. Auth., 30 NY2d 108, 112[1972]; Matter of Myles v Doar, 24AD3d 677, 678 [2005]; Matter of Ambery v Board of Trustees of N.Y. City Fire Dept.,Art. I-B Pension Fund, 298 AD2d 582 [2002]). Mastro, J.P., Eng, Leventhal and Roman, JJ.,concur.