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MATTER OF HAHNE v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

63 A.D.3d 936 (2009)

In the Matter of HEINZ HAHNE, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 16, 2009.

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

There is no merit to the petitioner's contention that Vehicle and Traffic Law § 1194 (2) (f) requires, as a threshold of admissibility in an administrative hearing convened pursuant to Vehicle and Traffic Law § 1194 (2) (c), that evidence of persistent refusal to submit to a chemical test, rather than merely a single refusal to...

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