MATTER OF SCHUTT v. MACDUFF


205 Misc. 43 (1954)

In the Matter of Louis E. Schutt, Petitioner, v. James F. Macduff, as Commissioner of Motor Vehicles, Respondent.

Supreme Court, Special Term, Orange County.

January 2, 1954.


Attorney(s) appearing for the Case

J. Allan Ballman for petitioner.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Ruth Kessler Toch and Philip J. Fitzgerald of counsel), for respondent.


EAGER, J.

This is an article 78 proceeding brought against the Commissioner of Motor Vehicles by one Louis E. Schutt to annul a determination of the commissioner revoking the motor vehicle driver's license of the petitioner. The license was revoked by the commissioner for the alleged refusal of the petitioner to submit to a blood test as demanded by a police officer following his arrest for driving while intoxicated...

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