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MATTER OF TZETZO v. COMM'R OF MOTOR VEHICLES OF THE STATE OF NEW YORK

97 A.D.2d 978 (1983)

In the Matter of Basil Tzetzo, Respondent, v. Commissioner of Motor Vehicles of the State of New York, Appellant

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

November 4, 1983

Judgment unanimously reversed, without costs, and matter remitted to respondent commissioner, for a hearing, in accordance with the following memorandum: Special Term erred in permanently enjoining the State Commissioner of Motor Vehicles from holding a hearing to investigate petitioner's alleged refusal to submit to a chemical test for the purpose of determining the alcohol content of his blood (Matter of Geary v Commissioner of Motor Vehicles, 92...

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