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FERRIS, PAMELA G. v. NEW YORK STATE DMV APPEALS BOARD
Citation: Not availableDocket: TP 14-02071
Court: Appellate Division of the Supreme Court of the State of New York; December 22, 2015; New York; State Appellate Court
Original Court Document: View Document
Pamela G. Ferris petitioned for a review of the New York State Department of Motor Vehicles Appeals Board's decision to revoke her driver’s license due to her refusal to submit to a chemical test for blood alcohol content. The case was processed as a CPLR article 78 proceeding and was transferred to the Appellate Division, Fourth Judicial Department. The court upheld the Appeals Board's determination, confirming that substantial evidence supported the finding that Ferris did not adequately blow into the breathalyzer after two attempts and verbally refused a third attempt. The court noted that the Administrative Law Judge (ALJ) was justified in crediting the testimony of the arresting officers. Consequently, the petition was dismissed without costs. The order was entered on December 23, 2015.