MATTER OF SLIMACK v. TOFANY

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.