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

1461 TP 17-01039.

156 A.D.3d 1464 (2017)

65 N.Y.S.3d 881

2017 NY Slip Op 09054

In the Matter of MELISSA M. HUTTENLOCKER, Petitioner, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES APPEALS BOARD et al., Respondents.

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

Decided December 22, 2017.

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 her driver's license based on her refusal to submit to a chemical test following her arrest for driving while intoxicated (DWI). We confirm the determination. Contrary to the contention of petitioner, "having been lawfully arrested for...

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