Legal Opinion

Livulpi v. Swarts

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

Decided November 14, 2012Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the Administrative Appeals Board of the New York State Department of Motor Vehicles dated January 26, 2010, confirming a determination of an Administrative Law Judge dated July 29, 2009, which, after a hearing, found that the petitioner had refused to submit to a chemical test in violation of Vehicle and Traffic Law § 1194, and revoked the petitioner’s driver’s license.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

In order to annul an…

2Cases cited9 opinions

300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
Berenhaus v. WardNew York Court of Appeals · 1987
Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
Kelly v. SafirNew York Court of Appeals · 2001
Hildreth v. New York State Department of Motor Vehicles Appeals BoardAppellate Division of the Supreme Court of the State of New York · 2011

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