MATTER OF LITTS v. MELTON


57 A.D.2d 1027 (1977)

In the Matter of Cortland T. Litts, Jr., Petitioner, v. James P. Melton, as Commissioner of Motor Vehicles of The State of New York, Respondent

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

May 26, 1977


Petitioner, a licensed motor vehicle operator, was arrested on August 10, 1973 for driving while intoxicated after he had driven his vehicle over a mall between two parking lots in the City of Saratoga Springs. Pursuant to police request at the scene, petitioner agreed to a chemical test and was transported to the police station where he refused to submit to the test. After a hearing the referee concluded that petitioner's refusal was of the type contemplated by statute and...

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