MATTER OF PEESO v. FIALA

527 TP 14-01847

130 A.D.3d 1442 (2015)

13 N.Y.S.3d 742

2015 NY Slip Op 05795

In the Matter of RICHARD H. PEESO, Petitioner, v. BARBARA J. FIALA, Commissioner, New York State Department of Motor Vehicles, Respondent.

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

Decided July 2, 2015.


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 his driver's license based on his refusal to submit to a chemical test following his arrest for driving while intoxicated. Petitioner contends that the determination was affected by an error of law because the report of refusal did not indicate...

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