Lindland v. Tofany

In Lindland v. Tofany, 32 A.D.2d 947 (2nd Dept. 1969) the Court in an Article 78 proceeding to annul a determination regarding revoking a chauffeur's license found that actions of a Defendant who did not provide a requested urine sample both in the time period before entering the police car and in route to his arraignment did not constitute a refusal. That determination was decided upon a standard of "substantial evidence" on the record before the Court after an administrative finding.