Legal Opinion

Linton v. State

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

Decided February 10, 2012PublishedCited by 3 opinions

1Opinion of the Court

*1206Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination revoking her driver’s license based on her refusal to submit to a chemical test following her arrest for driving while intoxicated. The record establishes that a police officer stopped the vehicle driven by petitioner based on her failure to yield the right-of-way, to maintain her lane and to stop at a red light. Although the officer warned petitioner of the consequences of refusing to submit to a chemical test, she nevertheless refused to do so.

Contrary to petitioner’s contention, the…

2Cases cited4 opinions

  1. Gray v. AdduciNew York Court of Appeals · 1988
  2. Wai Lun Fung v. DausAppellate Division of the Supreme Court of the State of New York · 2007
  3. Mastrodonato v. New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 2006
  4. Donlick v. HultsAppellate Division of the Supreme Court of the State of New York · 1961

3Cited by3 opinions

  1. Matter of Huttenlocker v. New York State Dept. of Motor Vehs. Appeals Bd.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Hagberg v. New York State Dept. of Motor Vehs. Appeals Bd.Appellate Division of the Supreme Court of the State of New York · 2024
  3. Matter of Sadallah v. New York State Dept. of Motor Vehs.Appellate Division of the Supreme Court of the State of New York · 2018

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