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Du Pree v. Foschio

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 9, 1982
89 A.D.2d 800 (N.Y. App. Div. 1982)

Opinion

July 9, 1982

Appeal from the Supreme Court, Erie County, Wolf, J.

Present — Dillon, P.J., Callahan, Boomer, Moule and Schnepp, JJ.


Determination unanimously confirmed and petition dismissed, without costs. Memorandum: Petitioner contends that he was improperly denied the opportunity to consult with his attorney on whether or not to submit to a breathalyzer test, and asks that the order revoking his operator's license, based on his refusal to take the test, be vacated. Even if petitioner's right to counsel was denied as he claims, the revocation order would stand. A license revocation is an administrative proceeding and the holder of an operator's license cannot condition his consent to take the test on his first consulting with counsel ( Matter of Finocchairo v. Kelly, 11 N.Y.2d 58, cert den 370 U.S. 912; Matter of Brady v. Tofany, 36 A.D.2d 987, affd 29 N.Y.2d 680).


Summaries of

Du Pree v. Foschio

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 9, 1982
89 A.D.2d 800 (N.Y. App. Div. 1982)
Case details for

Du Pree v. Foschio

Case Details

Full title:In the Matter of ROBERT J. DU PREE, Petitioner, v. LESLIE G. FOSCHIO, as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 9, 1982

Citations

89 A.D.2d 800 (N.Y. App. Div. 1982)

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