ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
There is substantial evidence to support the determination that the petitioner refused to submit to a chemical test to determine her blood alcohol level after being clearly and unequivocally provided with the statutory warning pursuant to Vehicle and Traffic Law § 1194(2)(b) (see, Matter of Galante v. Commissioner of Motor Vehicles of State of N.Y., 253 A.D.2d 763 ). The variance between the testimony of the arresting officer and that of the petitioner presented an issue of credibility to be resolved by the Administrative Law Judge (see, Matter of Berenhaus v. Ward, 70 N.Y.2d 436 ).
The petitioner's remaining contentions are without merit.
O'BRIEN, J.P., THOMPSON, FLORIO, and SMITH, JJ., concur.