MATTER OF UNDERWOOD v. KELLY


5 A.D.2d 740 (1957)

In the Matter of George W. Underwood, Petitioner, v. Joseph P. Kelly, as Commissioner of Motor Vehicles of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 19, 1957


The only evidence adduced was the testimony of the arresting police officer who testified that petitioner first consented to submit to the test and that: "The doctor did draw a little blood from him but it was not enough. Then he refused. I don't know the medical details of it, how much you have to draw, whether you have to get a certain amount. He didn't get enough for the doctor to run the test. The doctor wanted him to finish the test and he refused to go any further and...

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