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MATTER OF MALVESTUTO v. SCHROEDER

No. 572 TP 22-00180.

207 A.D.3d 1245 (2022)

170 N.Y.S.3d 792

2022 NY Slip Op 04511

In the Matter of Robert L. Malvestuto, Petitioner, v. Mark J.F. Schroeder, in His Official Capacity as Commissioner, New York State Department of Motor Vehicles, Respondent.

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

Decided July 8, 2022.

Attorney(s) appearing for the Case

MARK J.F. SCHROEDER , IN HIS OFFICIAL CAPACITY AS COMMISSIONER, NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, RESPONDENT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( ALEXANDER E. BASINSKI OF COUNSEL), FOR PETITIONER.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( JONATHAN D. HITSOUS OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Peradotto, NeMoyer, Curran and Bannister, JJ.

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 his driver's license based on his refusal to submit to a chemical test following his arrest for driving while intoxicated (DWI). We confirm the determination.

Contrary to petitioner's contention, the determination is supported...

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