MATTER OF KOROTKI v. TOFANY


38 A.D.2d 738 (1972)

In the Matter of John R. Korotki, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Respondent

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

January 24, 1972


Determination confirmed and petition dismissed, without costs.

The evidence adduced before the Referee at the revocation hearing presented close questions as to whether (a) petitioner had actually been operating the automobile in question and intended to drive it at the time he was arrested for driving in an intoxicated condition, (b) petitioner was intoxicated or reacting to medication he had been taking under his physician's direction and prescription and (c) petitioner...

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