Donahue v. Tofany

Staley, Jr., J.

Proceeding under article 78 of the CPLR to review a determination of the Commissioner of Motor Vehicles which revoked petitioner’s operator’s license for refusal' to submit to a chemical test to determine the alcoholic content of his blood following his arrest for driving while intoxicated. (Vehicle and Traffic Law, § 1194, subd. 1.) Petitioner was arrested on December 2, 1967 about 1:40 a.m. by a State Trooper and charged with driving while intoxicated. At the time of his arrest petitioner was asked if he would submit to a chemical test for intoxication and he said that he…