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SMITH v. APPEALS BD. BUR.

23-20.

68 Misc.3d 970 (2020)

128 N.Y.S.3d 144

2020 NY Slip Op 20169

In the Matter of TIMOTHY J. SMITH, Petitioner, v. APPEALS BOARD OF THE ADMINISTRATIVE ADJUDICATION BUREAU et al., Respondents.

Supreme Court, Albany County.

Decided April 28, 2020.

Attorney(s) appearing for the Case

Sperano & Housel, Attorneys at Law, Canandaigua ( Jason M. Housel of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Adele Durand of counsel), for respondents.

OPINION OF THE COURT

Petitioner commenced this CPLR article 78 proceeding challenging respondents' determination to revoke his driver's license based on his refusal to submit to a chemical breath test following his arrest for driving while intoxicated. The arresting officer's failure to provide a chemical test refusal...

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