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Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05186

Matter of Kupi v Schroeder

Read the official decision: 2026 NY Slip Op 05186

Holding The court confirmed the Department of Motor Vehicles’ determination to revoke the petitioner’s driver license, finding that the administrative record contained substantial evidence supporting the finding that the petitioner refused to submit to a chemical test. The court held that the reviewing court could not substitute its judgment for that of the agency because the evidence, including officer testimony and the petitioner’s failure to testify, demonstrated reasonable grounds for the arrest and the refusal.

The court’s words

To annul an administrative determination made after a hearing directed by law at which evidence is taken, a court must conclude that the record lacks substantial evidence to support the determination

2026 NY Slip Op 05186, at the official text

Substantial evidence is 'such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact'

2026 NY Slip Op 05186, at the official text

Where substantial evidence exists, the reviewing court may not substitute its judgment for that of the agency, even if the court would have decided the matter differently

2026 NY Slip Op 05186, at the official text

the officer had reasonable grounds to believe that the petitioner had been operating a motor vehicle while under the influence of alcohol in violation of Vehicle and Traffic Law § 1192

2026 NY Slip Op 05186, at the official text

the hearing evidence demonstrated that the officer lawfully arrested the petitioner and that the petitioner refused the officer's request to submit to a chemical test

2026 NY Slip Op 05186, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 2, 2026
Citation2026 NY Slip Op 05186
Area of lawAdministrative Law
WeekWeek ending September 5, 2026
Official textOfficial decision: 2026 NY Slip Op 05186
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id362

Recommended citation

ESQ HQ, New York Law Watch, Matter of Kupi v Schroeder, 2026 NY Slip Op 05186 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05186/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 2, 2026. Updated September 2, 2026.