Mullen v. New York State Department of Motor Vehicles
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWeiss, J.
Appeal from a judgment of the Supreme Court (Bradley, J.), entered December 22, 1987 in Sullivan County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.
On June 8, 1986, following a one-car accident in the Town of Thompson, Sullivan County, petitioner was arrested and charged with driving while intoxicated (Vehicle and Traffic Law § 1192 [3]). At her arraignment in Town Justice Court on June 12, 1986, the court neither advised petitioner that the arresting officer had filed a "Report of Refusal to Submit to Chemical Test” nor temporarily…
2Cases cited6 opinions
- Sarkisian Bros. v. State Division of Human RightsNew York Court of Appeals · 1979
- Doe v. AxelrodNew York Court of Appeals · 1988
- Matter of Geary v. Comm'r of Motor Vehicles of the State of New YorkNew York Court of Appeals · 1983
- Geary v. Commissioner of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1983
- Djavaheri v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by4 opinions
- Hildreth v. New York State Department of Motor Vehicles Appeals BoardAppellate Division of the Supreme Court of the State of New York · 2011
- Gasda, Ltd. v. AdduciAppellate Division of the Supreme Court of the State of New York · 1992
- Violi v. New York State Department of Motor VehiclesNew York Supreme Court · 2007
- People v. Wright, The Criminal Court of the City of New York, Bronx2026