Stiglmeier v. New York State Department of Motor Vehicles

—Peters, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County), to review a determination of respondent Commissioner of Motor Vehicles which revoked petitioner’s license to drive.

Petitioner commenced this proceeding challenging the revocation of his driver’s license by an Administrative Law Judge (hereinafter ALJ), affirmed on appeal by the Department of Motor Vehicles Appeals Board (hereinafter the Board) for his refusal to take a breathalyzer test. At the initial appearance for the license revocation hearing, the…