Echols v. Tofany

Appellate Division of the Supreme Court of New York

Echols v. Tofany

34 A.D.2d 930, 312 N.Y.S.2d 546, 1970 N.Y. App. Div. LEXIS 4451

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

DecidedJune 18, 1970

StatusPublished

This text of 34 A.D.2d 930 (Echols v. Tofany) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Echols v. Tofany, 34 A.D.2d 930, 312 N.Y.S.2d 546, 1970 N.Y. App. Div. LEXIS 4451 (N.Y. Ct. App. 1970).

Pincite

Opinion

Determination of the respondent made November 17, 1969, revoking the petitioner’s license, unanimously annulled, on the law, without costs and without disbursements, and the same is vacated. We conclude that on this record there is no substantial evidence to support the conclusion that petitioner was actually driving the vehicle while intoxicated so as to justify the request that she take the chemical test for intoxication; nor is there substantial evidence to support a finding that petitioner was given the warning as exacted by section 1194 of the Vehicle and Traffic Law (as amd. by L. 1968, eh. 85, eff. Oct. 1, 1968). Concur — Eager, J. P., Capozzoli, McGivern and Markewich, JJ.

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Determination of the respondent made November 17, 1969, revoking the petitioner’s license, unanimously annulled, on the law, without costs and without disbursements, and the same is vacated. We conclude that on this record there is no substantial evidence to support the conclusion that petitioner was actually driving the vehicle while intoxicated so as to justify the request that she take the chemical test for intoxication; nor is there substantial evidence to support a finding that petitioner was given the warning as exacted by section 1194 of the Vehicle and Traffic Law (as amd. by L. 1968, eh. 85, eff. Oct. 1, 1968). Concur — Eager, J. P., Capozzoli, McGivern and Markewich, JJ.

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Bluebook (online)

34 A.D.2d 930, 312 N.Y.S.2d 546, 1970 N.Y. App. Div. LEXIS 4451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/echols-v-tofany-nyappdiv-1970.