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Matter of Slimack v. Tofany

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 19, 1969
32 A.D.2d 873 (N.Y. App. Div. 1969)

Opinion

June 19, 1969

Appeal from the Cayuga Special Term.

Present — Del Vecchio, J.P., Marsh, Gabrielli, Moule and Henry, JJ.


Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: The denial by the Hearing Referee of the motion by petitioner's attorney to dismiss the charge that petitioner refused to submit to a chemical test to determine the alcoholic content of his blood, by reason of a Deputy Sheriff's failure to appear on the first hearing date, and the Referee's adjournment of the matter to a later date, did not constitute an abuse of discretion and his rulings were not arbitrary and capricious.


Summaries of

Matter of Slimack v. Tofany

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 19, 1969
32 A.D.2d 873 (N.Y. App. Div. 1969)
Case details for

Matter of Slimack v. Tofany

Case Details

Full title:In the Matter of FRANK SLIMACK, Respondent, v. VINCENT L. TOFANY, as…

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

Date published: Jun 19, 1969

Citations

32 A.D.2d 873 (N.Y. App. Div. 1969)
302 N.Y.S.2d 56

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