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MATTER OF ZAMBROSKI v. TOFANY

40 A.D.2d 885 (1972)

In the Matter of Joseph R. Zambroski, Respondent, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Appellant

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

November 1, 1972

Petitioner was arrested on July 15, 1969 and charged with driving while intoxicated. The arresting officer testified that immediately after the arrest he asked petitioner if he would submit to a chemical test and that petitioner stated that he would not. He was then told that "for refusing to take the chemical test for intoxication, that he would be subject to be called to a Motor Vehicle hearing for his license could be suspended...

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