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MATTER OF O'DEA v. TOFANY

41 A.D.2d 888 (1973)

In the Matter of Richard O'Dea, Respondent, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Appellant

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

April 5, 1973

Judgment unanimously reversed, without costs, and determination of Commissioner of Motor Vehicles confirmed.

Memorandum:

The Commissioner appeals from Special Term's order which annulled the revocation of petitioner-respondent's driver's license for "refusing to take the intoximeter test". Petitioner was arrested on May 29, 1969 at 3:40 A.M. for driving while intoxicated. He was taken to the State police barracks and was requested to submit to a chemical test...

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