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  5. 33 A.D.2d 848 (1969)
 

MATTER OF DONAHUE

33 A.D.2d 848 (1969)

In the Matter of the Claim of Robert M. Donahue, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

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

December 11, 1969

MEMORANDUM BY THE COURT.

Claimant, a cab driver, was arrested on December 2, 1967 by a State Trooper and charged with driving while intoxicated. The trooper requested him to submit to a blood test for intoxication which he refused to do. He requested an opportunity to consult with legal counsel and about one and one-half hours after the arrest, he conferred with his attorney by telephone. Thereafter, on advice of his counsel, he offered to submit to the test, whereupon...

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