Dow v. Tofany

Proceeding *902pursuant to CPLR article 78 seeking to annul a determination of the Commissioner of Motor Vehicles revoking petitioner’s chauffeur’s license for refusal to submit to a blood test to determine the alcoholic content of his blood (Vehicle and Traffic Law, § 1194, subd. 1). Petitioner contends that the determination should be annulled on the grounds that he was deprived of due process of law in that 10 months and 11 days elapsed between the first scheduled hearing which was adjourned without any evidence being taken and the hearing at which evidence was taken and his license revoked;…