MATTER OF JENTZEN v. TOFANY


33 A.D.2d 532 (1969)

In the Matter of William A. Jentzen, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Respondent

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

September 18, 1969


Determination unanimously annulled, with costs.

Memorandum:

In this review of respondent's determination revoking petitioner's operator's license on the ground that he refused to submit to a test for determining the alcoholic content of his blood, we find that petitioner did not make an understanding refusal to take the test. (Cf. Matter of Sweeney v. Tofany, 30 A.D.2d 934.) He was involved in an automobile collision...

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