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  5. 118 A.D.2d 859 (1986)
 

MATTER OF GARGANO v. NEW YORK STATE DEP'T OF MOTOR VEHICLES

118 A.D.2d 859 (1986)

In the Matter of Angelo Gargano, Petitioner, v. New York State Department of Motor Vehicles, Respondent

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

March 31, 1986

Petition granted, orders dated February 11, 1985 and September 26, 1984, respectively, annulled, on the law, with costs, and charge dismissed.

By order of revocation, dated September 26, 1984, the petitioner's driver's license was revoked after a hearing before an Administrative Law Judge due to his refusal to submit to a chemical test to determine the alcoholic content of his blood, in violation of Vehicle and Traffic Law § 1194. That order was

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