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MATTER OF LINTON v. STATE OF NEW YORK DEPARTMENT OF MOTOR VEHICLES APPEALS BOARD

22 TP 11-01466.

92 A.D.3d 1205 (2012)

937 N.Y.S.2d 905

2012 NY Slip Op 990

In the Matter of PENNELLA L. LINTON, Petitioner, v. STATE OF NEW YORK DEPARTMENT OF MOTOR VEHICLES APPEALS BOARD, Respondent.

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

Decided February 10, 2012.

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

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination revoking her driver's license based on her refusal to submit to a chemical test following her arrest for driving while intoxicated. The record establishes that a police officer stopped the vehicle driven by petitioner based on her failure to yield the right...

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