MATTER OF CAPPALLO v. TOFANY


35 A.D.2d 898 (1970)

In the Matter of Howard W. Cappallo, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles of The State of New York, Respondent

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

November 30, 1970


The Commissioner found that petitioner had refused to submit to a chemical test to determine the alcoholic content of his blood, following his arrest for driving while intoxicated. Petitioner now contends that upon arrival at the Albany Medical Center Hospital, he was requested and refused to sign a release form submitted to him by a hospital nurse. This form apparently would have released the hospital from liability for its negligence in the drawing of the blood. Petitioner...

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