IN RE: Lance A. LIEBEL (1999)

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Motor Vehicles 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, 645 N.Y.S.2d 217;  People v. Nicolo, 166 A.D.2d 912, 560 N.Y.S.2d 572;  People v. Sherwood, 160 A.D.2d 1203, 1204, 555 N.Y.S.2d 464).   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, 374 N.Y.S.2d 613, 337 N.E.2d 127;  Matter of Tompkins v. Melton, 57 A.D.2d 682, 393 N.Y.S.2d 822).   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, Boyle v. Tofany, supra;  Vehicle and Traffic Law § 1194).

The petitioner's remaining contention is without merit (see, Finocchairo v. Kelly, 11 N.Y.2d 58, 226 N.Y.S.2d 403, 181 N.E.2d 427, cert. denied 370 U.S. 912, 82 S.Ct. 1259, 8 L.Ed.2d 405).

MEMORANDUM BY THE COURT.