Connors v. Tofany

■Sweeney, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered January 12, 1971 in Saratoga County, in a proceeding brought pursuant to article 78 of the CPLR which annulled an order of the Commissioner of Motor Vehicles revoking petitioner’s operator’s license for refusal to submit to a chemical test to determine the alcoholic content of his blood.

Petitioner was arrested on February 22, 1970 and charged with driving while intoxicated. The arresting officer testified *403that he asked him if he would submit to a chemical test for intoxication and warned him that a…