Legal Opinion
Gagliardi v. Department of Motor Vehicles
Appellate Division of the Supreme Court of the State of New York
Decided November 23, 1988PublishedCited by 13 opinions
1Opinion of the CourtMikoll, J.
Proceeding pursuant to CPLR article 78 (transferred to this *883court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent which revoked petitioner’s driver’s license.
Petitioner was arrested on August 18, 1987 for driving while intoxicated. In this proceeding he contends that Supreme Court erred in failing to remit the matter to respondent for further administrative hearings based on petitioner’s allegation of newly discovered evidence relevant to the issue of whether he refused to take a breathalyzer test. He also contends that respondent’s…
2Cases cited4 opinions
- People v. KatesNew York Court of Appeals · 1981
- Smith v. Commissioner of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1984
- Brady v. TofanyNew York Court of Appeals · 1971
- Helmrich v. New York State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by13 opinions
- Edelman v. SobolAppellate Division of the Supreme Court of the State of New York · 1991
- Morrissey v. SobolAppellate Division of the Supreme Court of the State of New York · 1991
- Groht v. SobolAppellate Division of the Supreme Court of the State of New York · 1993
- Cook v. AdduciAppellate Division of the Supreme Court of the State of New York · 1994
- Giacone v. JacksonAppellate Division of the Supreme Court of the State of New York · 1999
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