MATTER OF O'DEA v. TOFANY


65 Misc.2d 958 (1971)

In the Matter of Richard O'Dea, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles of the State of New York, Respondent.

Supreme Court, Niagara County.

March 11, 1971


Attorney(s) appearing for the Case

Findlay, Hackett, Reid & Wattengel (Glenn Hackett of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Richard Jenczka of counsel), for respondent.


FRANK J. KRONENBERG, J.

The Motor Vehicle Commissioner has been directed herein to show cause why an order should not be made annulling the decision of his department revoking petitioner's driver's license for "refusing to take the intoximeter test" as prescribed by law.

Can we have a "refusal" where the driver initially declined to take the test, however, within the two-hour period, consented to take the test, and the facilities to conduct the...

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