Perry v. Department of Motor Vehicles

Proceeding pursuant to Proceeding CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in St. Lawrence County), to review a determination of the Commissioner of Motor Vehicles which revoked petitioner’s license for refusal to submit to a chemical test. Petitioner was arrested for driving while intoxicated by an officer of the New York State Police and was subsequently charged with refusing to submit to a chemical test to determine the alcoholic content of her blood. The Department of Motor Vehicles conducted a hearing after which the referee found…