MATTER OF TARTAGLIONE v. BOARD OF COMMISSIONERS OF THE POLICE DEPARTMENT OF THE VILLAGE OF BRIARCLIFF MANOR


301 A.D.2d 655 (2003)

754 N.Y.S.2d 323

In the Matter of NICHOLAS TARTAGLIONE, Respondent, v. BOARD OF COMMISSIONERS OF THE POLICE DEPARTMENT OF THE VILLAGE OF BRIARCLIFF MANOR, Appellant.

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

Decided January 27, 2003.


Ordered that the judgment is affirmed, with costs.

The petitioner, a Village of Briarcliff Manor police officer, arrested an individual for driving while intoxicated (hereinafter DWI) in May 1999. At a mandatory Department of Motor Vehicles (hereinafter the DMV) "refusal" hearing, the petitioner testified that he did not recall whether he read the arrestee his DWI refusal warnings. Thereafter, the Police Department of the...

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