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STARK v. DEPT. OF MOTOR VEHICLES

104 A.D.2d 194 (1984)

In the Matter of Frederick J. Stark, Jr., Petitioner, v. New York State Department of Motor Vehicles et al., Respondents

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

December 13, 1984

Attorney(s) appearing for the Case

Connor, Curran & Schram (Marlene O. Tuczinski of counsel), for petitioner.

Robert Abrams, Attorney-General (Peter G. Crary and William J. Kogan of counsel), for respondents.

CASEY, LEVINE and HARVEY, JJ., concur with WEISS, J.; MAHONEY, P. J., dissents and votes to reverse in an opinion.

WEISS, J.

During the early morning hours of January 27, 1982, Columbia County Deputy Sheriff Vincent Sacco, Sr., observed an approaching vehicle traveling at a speed in excess of 70 miles per hour on Route 82, as verified by radar. Sacco commenced pursuit with siren and flashing lights activated and eventually drew within 20 feet of the vehicle. The vehicle eventually reduced its speed to 30 miles per hour...

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