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MATTER OF BARNES v. TOFANY

27 N.Y.2d 74 (1970)

In the Matter of Harry E. Barnes, Respondent, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1970.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Philip J. Fitzgerald and Ruth Kessler Toch of counsel), for appellant.

Rogers & Pucher for respondent.

Judges SCILEPPI, BERGAN and BREITEL concur with Judge JASEN; Chief Judge FULD and Judge GIBSON dissent and vote to affirm on the opinion at Special Term; Judge BURKE taking no part.

JASEN, J.

After consuming four martinis during the evening of November 18, 1966, petitioner, while driving his motor vehicle, was involved in an accident. Following the collision, he was arrested on a charge of driving while intoxicated. On July 31, 1967, prior to the disposition of that charge, the Commissioner of Motor Vehicles held a hearing pursuant to section 510 of the Vehicle and Traffic Law, in regard...

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