MATTER OF PUCINO v. TOFANY


60 Misc.2d 778 (1969)

In the Matter of Harry Pucino, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Respondent.

Supreme Court, Dutchess County.

September 17, 1969


Attorney(s) appearing for the Case

George L. Pagones for petitioner. Louis J. Lefkowitz, Attorney-General, for respondent.


W. VINCENT GRADY, J.

This is an article 78 proceeding to set aside a revocation of petitioner's motor vehicle operator's license.

On March 21, 1969, petitioner was arrested and charged with driving while intoxicated in the City of Beacon. He refused to submit to a chemical test. A motor vehicle hearing was held at which the arresting officer testified that he advised the petitioner that if he refused to submit to a chemical test for intoxication...

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