Legal Opinion
Matter of DeMichele v. Department of Motor Vehs. of N.Y. State
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 2016No. 2014-10434PublishedCited by 3 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Administrative Appeals Board dated March 25, 2014, affirming a determination of an administrative law judge dated February 11, 2013, 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 his driver license.
Adjudged that the petition is granted, with costs, the determination is annulled, and the penalty imposed is vacated.
In August 2012, while riding his motorcycle in Westchester…
2Cases cited6 opinions
- 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
- Sharf v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2010
- Robinson v. SwartsAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HagmannAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by3 opinions
- Matter of Lamb v. EganAppellate Division of the Supreme Court of the State of New York · 2017
- 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 Gazda v. New York State Dept. of Motor Vehs.Appellate Division of the Supreme Court of the State of New York · 2018