Brueck v. Melton

Determination unanimously confirmed, without costs. Memorandum: Petitioner brought this article 78 proceeding to review a determination of the Commissioner of Motor Vehicles who revoked her driver’s license. The commissioner found that following her arrest for driving while intoxicated petitioner had refused to submit to a chemical test of her breath, in violation of section *10011194 of the Vehicle and Traffic Law. The matter was transferred to this court pursuant to CPLR 7804 (subd [g]), inasmuch as petitioner raised the question of whether there was substantial evidence to support the…