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IN THE MATTER OF CLARK v. NEW YORK STATE DEPT. OF MOTOR VEHICLES

55 A.D.3d 1284 (2008)

864 N.Y.S.2d 810

In the Matter of JEFFREY CLARK, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.

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

October 3, 2008.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum:

Petitioner commenced this proceeding pursuant to CPLR article 78 seeking to annul the determination revoking his driver's license based on his refusal to submit to a chemical test following his arrest for driving while intoxicated (DWI). We confirm the determination. Contrary to the contention of petitioner, having been lawfully arrested...

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