IN RE: Barry Sharf (2010)

Argued-May 14, 2010

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 to review a determination of the Administrative Appeals 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 in violation 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 is dismissed on the merits, with costs.

A review of the record clearly demonstrates that the findings of the administrative law judge are supported by substantial evidence (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 231-232).   The evidence adduced at the hearing demonstrated that the police had reasonable grounds to believe that the petitioner had been driving in violation of Vehicle and Traffic Law § 1192, that the police lawfully arrested the petitioner, that the police gave the petitioner sufficient warning of the consequences of refusing to submit to a chemical test, and that the petitioner refused to submit to the chemical test (see Vehicle and Traffic Law § 1194 [2][c];  Liebel v. Jackson, 261 A.D.2d 474).

The petitioner's remaining contention is not properly before this Court, as it was not raised at the administrative hearing (see Matter of Gonzalez v. State Liq. Auth., 30 N.Y.2d 108, 112;  Matter of Myles v. Doar, 24 AD3d 677, 678;  Matter of Ambery v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 298 A.D.2d 582).

MASTRO, J.P., ENG, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court