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MATTER OF CLEMENS v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES

2018-01538. Index No. 3505/17.

178 A.D.3d 921 (2019)

115 N.Y.S.3d 399

2019 NY Slip Op 09001

In the Matter of Mark Clemens, Petitioner, v. New York State Department of Motor Vehicles, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 18, 2019.

Attorney(s) appearing for the Case

Hopkins & Kopilow, Garden City, NY (Michael T. Hopkins of counsel), for petitioner.

Letitia James, Attorney General, New York, NY (Anisha S. Dasgupta and Joshua M. Parker of counsel), for respondent.

Rivera, J.P., Balkin, Roman and Barros, JJ., concur.

Adjudged that the determination dated May 30, 2017, is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Just after midnight on October 2, 2016, the petitioner was arrested for driving while intoxicated (see Vehicle and Traffic Law § 1192[3]). After a hearing, an administrative law judge (hereinafter the ALJ) determined that the petitioner violated Vehicle and Traffic Law § 1194 by refusing to submit to...

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