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  5. 33 A.D.2d 984 (1970)
 

MATTER OF BROWN v. TOFANY

33 A.D.2d 984 (1970)

In the Matter of Wyamon E. Brown, 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.

January 15, 1970

Judgment unanimously reversed on the law and facts, without costs, and petition dismissed.

Memorandum:

The Commissioner of Motor Vehicles appeals from a judgment of Onondaga Special Term permanently enjoining him from holding further hearings under section 1194 of the Vehicle and Traffic Law for suspension of respondent's operator's license for refusing to submit to an alcohol blood test. The judgment is based on the allegations of respondent's petition in...

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