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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05186 |
| Area of law | Administrative Law |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05186 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 362 |
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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