MTR OF SQUILLACE v. MELTON


87 Misc.2d 985 (1976)

In the Matter of Frank P. Squillace, Petitioner, v. James P. Melton, as Commissioner of the New York State Department of Motor Vehicles, Respondent.

Supreme Court, Fulton County.

September 3, 1976


Attorney(s) appearing for the Case

Caputo & Aulisi (Richard T. Aulisi of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Joseph J. Micare of counsel), for respondent.


J. RAYMOND AMYOT, J.

From the petition and affidavit submitted in support of this article 78 proceeding, it appears that on August 30, 1975 the petitioner was arrested and charged with driving while intoxicated. He refused to submit to the chemical test provided for by subdivision 1 of section 1194 of the Vehicle and Traffic Law. Prior to such refusal, however, he did not receive the warning required by subdivisions 2 and 4 of that same section, to the...

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