Legal Opinion

Baldwin v. Fiala

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

Decided January 30, 2013PublishedCited by 4 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78, in effect, to review a determination of the New York State Department of Motor Vehicles Appeals Board dated April 26, 2011, confirming a determination of an administrative law judge, which, after a hearing held on December 22, 2010, found that the petitioner had refused to submit to a chemical test in violation of Vehicle and Traffic Law § 1194, and revoked her driver’s license.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Shortly after 11:00 p.m. on October 9, 2010, a…

2Cases cited9 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
  3. Hildreth v. New York State Department of Motor Vehicles Appeals BoardAppellate Division of the Supreme Court of the State of New York · 2011
  4. Wright v. Commissioner of the New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1993
  5. Kobel v. State of New York Department of Motor Vehicles Appeals BoardAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by4 opinions

  1. Wagner v. FialaAppellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Lamb v. EganAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Stewart v. FialaAppellate Division of the Supreme Court of the State of New York · 2015
  4. Wagner v. FialaAppellate Division of the Supreme Court of the State of New York · 2014

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