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MATTER OF ROENBECK v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

2022-00830. Index No. 611552/21.

221 A.D.3d 1013 (2023)

201 N.Y.S.3d 140

2023 NY Slip Op 06141

In the Matter of Brett Roenbeck, Petitioner, v. New York State Department of Motor Vehicles, Respondent.

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

Decided November 29, 2023.

Attorney(s) appearing for the Case

Mayer & Baron, PLLC, Hauppauge, NY ( Peter H. Mayer IV of counsel), for petitioner.

Letitia James , Attorney General, New York, NY ( Matthew W. Grieco of counsel; Jocelyn Wilson on the brief), for respondent.

Connolly, J.P., Chambers, Christopher and Warhit, JJ., concur.

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Administrative Appeals Board dated March 30, 2021, affirming the determination of an Administrative Law Judge dated September 17, 2020, which, after a hearing, found that the petitioner refused to submit to a chemical test in violation of Vehicle and Traffic Law § 1194 and revoked his driver's license.

Adjudged that the determination dated March...

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