Wagner v. Fiala

The petitioner commenced this CPLR article 78 proceeding to review a determination of the New York State Department of Motor Vehicles Appeals Board, which confirmed the determination of an administrative law judge that he had refused to submit to a chemical test in violation of Vehicle and Traffic Law § 1194. In his administrative appeal, the petitioner argued that *695he was given incorrect explanations of the chemical test refusal warning in layman’s terms, which immediately preceded his refusal and negated any previous properly administered warnings. By order dated May 6, 2013, the Supreme…