Legal Opinion

Wagner v. Fiala

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

Decided January 15, 2014PublishedCited by 9 opinions

1Opinion of the Court

The petitioner commenced this CPLR article 78 proceeding to review a determination of the New York State Department of Motor Vehicles Appeals Board, which confirmed the determination of an administrative law judge that he had refused to submit to a chemical test in violation of Vehicle and Traffic Law § 1194. In his administrative appeal, the petitioner argued that *695he was given incorrect explanations of the chemical test refusal warning in layman’s terms, which immediately preceded his refusal and negated any previous properly administered warnings. By order dated May 6, 2013, the Supreme…

2Cases cited8 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. Marshall v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  5. Wright v. Commissioner of the New York State Department of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by9 opinions

  1. Matter of Tenemille v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of AFP Holding, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  3. Matter of Graham v. New Hampton Fire Dist.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of Anderson v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2026
  5. Matter of Clapp v. FialaAppellate Division of the Supreme Court of the State of New York · 2018

4 more not listed; retrieve them via the Exa API.

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