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MATTER OF GAGLIARDI v. DEP'T OF MOTOR VEHICLES

144 A.D.2d 882 (1988)

In the Matter of Michael Gagliardi, Petitioner, v. Department of Motor Vehicles, Respondent

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

November 23, 1988

Mikoll, J.

Petitioner was arrested on August 18, 1987 for driving while intoxicated. In this proceeding he contends that Supreme Court erred in failing to remit the matter to respondent for further administrative hearings based on petitioner's allegation of newly discovered evidence relevant to the issue of whether he refused to take a breathalyzer test. He also contends that respondent's determination is not...

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