MATTER OF SLIMACK v. TOFANY


32 A.D.2d 873 (1969)

In the Matter of Frank Slimack, Respondent, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Appellant

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

June 19, 1969


Judgment unanimously reversed, without costs, and petition dismissed.

Memorandum:

The denial by the Hearing Referee of the motion by petitioner's attorney to dismiss the charge that petitioner refused to submit to a chemical test to determine the alcoholic content of his blood, by reason of a Deputy Sheriff's failure to appear on the first hearing date, and the Referee's adjournment of the matter to a later date, did not constitute an abuse of discretion and...

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