MATTER OF McCAUL v. NEW YORK STATE DEPT. OF MOTOR VEHICLES

2018-09410, Index No. 51301/18.

179 A.D.3d 803 (2020)

117 N.Y.S.3d 692

2020 NY Slip Op 00277

In the Matter of Patrick N. McCaul, Petitioner, v. New York State Department of Motor Vehicles, Respondent.

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

Decided January 15, 2020.


Adjudged that the determination dated January 4, 2018, is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The petitioner was arrested after he was found slumped behind the wheel of his car, which was stopped at a gas station between the gas pumps and the parking spaces, with its engine running and its lights on. The police lieutenant who first encountered the petitioner knocked on the car window several times in an attempt...

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