MATTER OF DONAHUE v. TOFANY


33 A.D.2d 590 (1969)

In the Matter of Robert M. Donahue, Petitioner, v. Vincent L. Tofany, 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.

October 20, 1969


STALEY, JR., J.

Proceeding under article 78 of the CPLR to review a determination of the Commissioner of Motor Vehicles which revoked petitioner's operator's license for refusal to submit to a chemical test to determine the alcoholic content of his blood following his arrest for driving while intoxicated. (Vehicle and Traffic Law, § 1194, subd. 1.) Petitioner was arrested on December 2, 1967 about 1:40 A.M. by a State Trooper and charged with driving...

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