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

Index No. 814921/22E, Appeal No. 1369, Case No. 2023-03787.

2024 NY Slip Op 00051

IN THE MATTER OF EDWIN ORTIZ, JR., Petitioner, v. THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES ET AL., Respondents.

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

Decided January 9, 2024.

Attorney(s) appearing for the Case

Barket Epstein Kearon Aldea & LoTurco, LLP, Garden City ( Danielle Muscatello of counsel), for petitioner.

Letitia James , Attorney General, New York ( Anagha Sundararajan of counsel), for respondents.

Before: Webber, J.P., Gesmer, Kennedy, Rosado, Michael, JJ.

Determination of respondent Department of Motor Vehicles (DMV), dated August 30, 2022, which affirmed an Administrative Law Judge's (ALJ) determination revoking petitioner's driver's license under Vehicle and Traffic Law § 1194 based on a finding that petitioner refused to submit to a chemical test to determine his blood alcohol concentration, unanimously confirmed, the petition denied, the preliminary injunction granted under CPLR 7805 to stay revocation of petitioner...

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