Legal Opinion
Maxwell v. Commissioner of Motor Vehicles
New York Supreme Court
Decided March 13, 1981PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Vincent E. Doyle, J.
The petitioner, Daniel N. Maxwell, commenced this proceeding under CPLR article 78 and seeks an order annulling the notice for a hearing to determine whether or not his license should be revoked pursuant to section 1194 of the Vehicle and Traffic Law for his alleged refusal to submit to a chemical test. The petitioner also requests that the Department of Motor Vehicles be permanently restrained and enjoined from holding such a hearing.
Daniel N. Maxwell was arrested and charged with driving while intoxicated on November 2, 1978 and allegedly refused to…
2Cases cited7 opinions
- Hamptons Hospital & Medical Center, Inc. v. MooreNew York Court of Appeals · 1981
- People v. ThomasNew York Court of Appeals · 1978
- People v. CraftNew York Court of Appeals · 1971
- Posner v. LevittAppellate Division of the Supreme Court of the State of New York · 1971
- Utica Cheese, Inc. v. BarberNew York Court of Appeals · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Geary v. Commissioner of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1983
- People v. McMillan, New York County Courts1982
- Walia v. AxelrodNew York Supreme Court · 1983
- Maxwell v. Commissioner of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1984