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MTR. OF VAN WOERT v. TOFANY

45 A.D.2d 155 (1974)

In the Matter of Peter T. Van Woert, 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.

June 27, 1974.

Attorney(s) appearing for the Case

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

Van Woert, Dunn & Konstanty (James E. Konstanty of counsel), for respondent.

STALEY, JR., J. P., SWEENEY, KANE and REYNOLDS, JJ., concur.

COOKE, J.

The instant proceeding presents the novel issue of whether a statement to a driver, arrested in New York for driving while intoxicated but licensed in the State of Vermont, to the effect that his license and driving privileges would be subject to revocation if he did not submit to a chemical test for intoxication, is a sufficient warning upon which to predicate revocation of a subsequently issued New...

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