Legal Opinion
Giacone v. Jackson
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 1999PublishedCited by 5 opinions
1Opinion of the Court
—Graffeo, J.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which revoked petitioner’s driver’s license.
After petitioner was arrested for driving while intoxicated in the City of Albany, a hearing was conducted before an Administrative Law Judge (hereinafter ALJ) to determine whether petitioner’s license should be suspended or revoked based on his alleged refusal to submit to a blood alcohol chemical test (see, Vehicle and Traffic Law § 1194 [2] [b]). At the conclusion of the…
2Cases cited8 opinions
- 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
- Morris v. CahillAppellate Division of the Supreme Court of the State of New York · 1983
- County of Ontario v. Western Finger Lakes Solid Waste Management AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
- Gagliardi v. Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by5 opinions
- Matter of Sherwood v. New York State Dept. of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2017
- Gilmartin v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 2006
- Matter of Reuss v. SchroederAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Wickham v. New York State Dept. of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Martinez-Martinez v. SchroederAppellate Division of the Supreme Court of the State of New York · 2025