Kryscuk v. Tofany

Appellate Division of the Supreme Court of New York

Kryscuk v. Tofany

43 A.D.2d 741, 350 N.Y.S.2d 712, 1973 N.Y. App. Div. LEXIS 2798

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

DecidedDecember 31, 1973

StatusPublished

This text of 43 A.D.2d 741 (Kryscuk 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

Kryscuk v. Tofany, 43 A.D.2d 741, 350 N.Y.S.2d 712, 1973 N.Y. App. Div. LEXIS 2798 (N.Y. Ct. App. 1973).

Pincite

Opinion

Proceeding to review respondent’s determination, dated April 26, 1972 and made after a hearing, which revoked petitioner’s motor vehicle operator’s license as of April 13, 1972 for refusal to submit to a chemical test to determine the alcoholic content of petitioner’s blood on May 27, 1971. Proceeding dismissed on the merits and respondent’s determination confirmed, without costs. On the record presented, it is our opinion that there was substantial evidence to support the hearing Referee’s finding that petitioner was properly arrested, that he was requested to submit to the chemical test of his blood and that he was properly warned of the penalty for refusal to take the test, but refused to take it. Martuscello, Acting P. J., Latham, Gulotta, Christ and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Proceeding to review respondent’s determination, dated April 26, 1972 and made after a hearing, which revoked petitioner’s motor vehicle operator’s license as of April 13, 1972 for refusal to submit to a chemical test to determine the alcoholic content of petitioner’s blood on May 27, 1971. Proceeding dismissed on the merits and respondent’s determination confirmed, without costs. On the record presented, it is our opinion that there was substantial evidence to support the hearing Referee’s finding that petitioner was properly arrested, that he was requested to submit to the chemical test of his blood and that he was properly warned of the penalty for refusal to take the test, but refused to take it. Martuscello, Acting P. J., Latham, Gulotta, Christ and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

43 A.D.2d 741, 350 N.Y.S.2d 712, 1973 N.Y. App. Div. LEXIS 2798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kryscuk-v-tofany-nyappdiv-1973.