Order reversed on the law, without costs, and the Commissioner's determination of May 5, 1961 reinstated and confirmed. No questions of fact were considered.
In our opinion, the testimony presented at the hearing of May 5, 1961, the colloquy had at said hearing between petitioner's counsel and Referee, and the Referee's findings clearly disclose that the stricter standard contained in section 71-a of the former Vehicle and Traffic Law (i.e. of refusing to submit to...
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