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MATTER OF STEWART v. FIALA

2013-07096

129 A.D.3d 852 (2015)

12 N.Y.S.3d 138

2015 NY Slip Op 04857

In the Matter of ROBERT STEWART, Petitioner, v. BARBARA J. FIALA, et al., Respondents.

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

Decided June 10, 2015.

Proceeding pursuant to CPLR article 78 to review a determination of the Department of Motor Vehicles Appeals Board dated October 30, 2012, confirming a determination of an administrative law judge dated February 7, 2012, which, after a hearing, found that the petitioner had refused to submit to a chemical test in violation of Vehicle and Traffic Law § 1194, and revoked his driver license.

Adjudged that the determination is annulled, the petition is granted, with...

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