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Legal Opinion

Duran v. Melton

New York Supreme Court

Decided March 16, 1981PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

David 0. Boehm, J.

On February 19, 1981 petitioner, Michael Duran, was arrested by the New York State Police and charged with operating a motor vehicle while under the influence of alcohol. Because Duran allegedly refused to submit to a breath alcohol test at that time, his license was provisionally suspended until an administrative license revocation hearing could be held (Vehicle and Traffic Law, § 1194). Two days before the scheduled hearing date this court, upon Duran’s petition, granted an order temporarily restraining the license revocation hearing.

Duran now seeks to…

2Cases cited13 opinions

  1. Schwartz v. Public AdministratorNew York Court of Appeals · 1969
  2. People v. BerkowitzNew York Court of Appeals · 1980
  3. People v. Di StefanoNew York Court of Appeals · 1976
  4. Evans v. MonaghanNew York Court of Appeals · 1954
  5. Bernstein v. Birch Wathen SchoolAppellate Division of the Supreme Court of the State of New York · 1979

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3Cited by4 opinions

  1. People v. LalkaRochester City Court · 1982
  2. People v. AbbottNew York Supreme Court · 1982
  3. People v. GossMichigan Court of Appeals · 1993
  4. People v. GossMichigan Court of Appeals · 1993

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