MATTER OF DelCASTELLO v. ADDUCI

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The Commissioner's determination that the petitioner refused to consent to a chemical test to determine his blood alcohol level in violation of Vehicle and Traffic Law § 1194 is supported by substantial evidence (see, Matter of Gray v Adduci, 73 N.Y.2d 741; Matter of Boyce v Commissioner of N.Y. State Dept. of Motor Vehicles, 215 A.D.2d 476; Matter of Holland v Commissioner of N.Y. State Dept. of Motor Vehicles, 213 A.D.2d 637).

We have considered the petitioner's remaining contentions and find them to be without merit. Miller, J.P., Joy, Hart and Krausman, JJ., concur.