MATTER OF MARDEN v. NEW YORK STATE DEPT. OF MOTOR VEHS.

2016-12887.

162 A.D.3d 770 (2018)

74 N.Y.S.3d 870

2018 NY Slip Op 04323

In the Matter of George Marden, Petitioner, v. New York State Department of Motor Vehicles et al., Respondents.

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

Decided June 13, 2018.


Adjudged that the determination dated March 29, 2016, is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The petitioner was arrested for operating a motor vehicle while in an intoxicated condition. A police officer asserted, in a "Report of Refusal," that the petitioner refused to submit to a chemical test after he was advised that refusal would result in the suspension and revocation of his driver licence. The "Report...

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