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CONNORS v. TOFANY

37 A.D.2d 402 (1971)

In the Matter of William E. Connors, Respondent, v. Vincent L. Tofany, as Commissioner of Motor Vehicles of The State of New York, Appellant

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

December 1, 1971.

Attorney(s) appearing for the Case

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

William E. Connors, respondent in person.

HERLIHY, P. J., REYNOLDS, GREENBLOTT and COOKE, JJ., concur.

SWEENEY, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered January 12, 1971 in Saratoga County, in a proceeding brought pursuant to article 78 of the CPLR which annulled an order of the Commissioner of Motor Vehicles revoking petitioner's operator's license for refusal to submit to a chemical test to determine the alcoholic content of his blood.

Petitioner was arrested on February 22, 1970 and charged with driving...

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