MATTER OF CROWDER v. FIALA

2018-07545, Index No. 2387/2018.

175 A.D.3d 1408 (2019)

109 N.Y.S.3d 333

2019 NY Slip Op 06602

In the Matter of Todd A. Crowder, Petitioner, v. Barbara J. Fiala et al., Respondents.

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

September 18, 2019.


Attorney(s) appearing for the Case

Larkin, Ingrassia & Tepermayster, LLP, Newburgh, NY ( Michael Collado of counsel), for petitioner.

Letitia James , Attorney General, New York, NY ( Andrew W. Amend and Mark S. Grube of counsel), for respondents.

Rivera, J.P., Roman, Miller and Brathwaite Nelson, JJ., concur.


Adjudged that the determination dated November 6, 2017, is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

On April 14, 2017, a New York State Trooper (hereinafter the arresting officer) initiated a traffic stop after observing the petitioner's vehicle on several occasions cross a double-yellow line. While executing the traffic stop, the arresting officer observed that the petitioner had slurred speech and bloodshot watery...

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