MATTER OF SCOTT v. KELLY


5 A.D.2d 859 (1958)

In the Matter of Elish Scott, 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, First Department.

March 11, 1958


The sole issue is whether petitioner refused to submit to such test. Or, to express it differently, is there substantial evidence to support the respondent's determination? We think not. Petitioner testified that he did try to blow up the balloon but that his false teeth kept getting in his way, that they "came down" and cut off his breath. He had taken two other tests without objection and apparently passed them. The arresting officer testified, when questioned by...

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