Legal Opinion

Mullen v. New York State Department of Motor Vehicles

Appellate Division of the Supreme Court of the State of New York

Decided November 23, 1988PublishedCited by 4 opinions

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

  1. Sarkisian Bros. v. State Division of Human RightsNew York Court of Appeals · 1979
  2. Doe v. AxelrodNew York Court of Appeals · 1988
  3. Matter of Geary v. Comm'r of Motor Vehicles of the State of New YorkNew York Court of Appeals · 1983
  4. Geary v. Commissioner of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1983
  5. Djavaheri v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1986

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hildreth v. New York State Department of Motor Vehicles Appeals BoardAppellate Division of the Supreme Court of the State of New York · 2011
  2. Gasda, Ltd. v. AdduciAppellate Division of the Supreme Court of the State of New York · 1992
  3. Violi v. New York State Department of Motor VehiclesNew York Supreme Court · 2007
  4. People v. Wright, The Criminal Court of the City of New York, Bronx2026

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