Determination unanimously annulled on the law without costs and petition granted.
Memorandum:
On December 2, 1984 petitioner was arrested for violating Vehicle and Traffic Law § 1192 by operating a vehicle while in an intoxicated condition. Thereafter, the arresting officer submitted to the Department of Motor Vehicles a written report of petitioner's refusal to submit to a chemical test. The report, as provided by Vehicle and Traffic Law § 1194...
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