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MATTER OF DeMICHELE v. DEPARTMENT OF MOTOR VEHS. OF N.Y. STATE

2014-10434, Index No. 2774/14.

136 A.D.3d 629 (2016)

24 N.Y.S.3d 402

2016 NY Slip Op 00652

In the Matter of PHILIP A. DeMICHELE, Petitioner, v. DEPARTMENT OF MOTOR VEHICLES OF NEW YORK STATE, Respondent.

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

Decided February 3, 2016.

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Administrative Appeals Board dated March 25, 2014, affirming a determination of an administrative law judge dated February 11, 2013, 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 petition is granted, with...

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