MATTER OF BROWN v. TOFANY


59 Misc.2d 736 (1969)

In the Matter of Wyamon E. Brown, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles of the State of New York, Respondent.

Supreme Court, Special Term, Onondaga County.

April 17, 1969


Attorney(s) appearing for the Case

Raymond J. De Silva, Jr., for petitioner. Louis J. Lefkowitz, Attorney-General (Sidney L. Grossman of counsel), for respondent.


RICHARD J. CARDAMONE, J.

This is an article 78 proceeding instituted by the petitioner Wyamon E. Brown against the Commissioner of Motor Vehicles, to restrain and enjoin the respondent Commissioner from conducting a hearing relative to petitioner's operator's license.

On March 31, 1968 the petitioner was arrested and charged with driving while intoxicated in the City of Syracuse. He refused to submit to a chemical test.

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