DURAN v. MELTON


108 Misc.2d 120 (1981)

Michael Duran, Petitioner, v. James P. Melton, as Commissioner of Motor Vehicles, Respondent.

Supreme Court, Monroe County.

March 16, 1981


Attorney(s) appearing for the Case

Alfred P. Kremer for petitioner. Robert Abrams, Attorney-General (Vincent P. Mitrano of counsel), for respondent.


DAVID O. BOEHM, J.

On February 19, 1981 petitioner, Michael Duran, was arrested by the New York State Police and charged with operating a motor vehicle while under the influence of alcohol. Because Duran allegedly refused to submit to a breath alcohol test at that time, his license was provisionally suspended until an administrative license revocation hearing could be held (Vehicle and Traffic Law, § 1194). Two days before the scheduled hearing date...

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