Matter of Stewart v. Fiala

Proceeding pursuant to CPLR article 78 to review a determination of the Department of Motor Vehicles Appeals Board dated October 30, 2012, confirming a determination of an administrative law judge dated February 7, 2012, which, after a hearing, found that the petitioner had refused to submit to a chemical test in violation of Vehicle and Traffic Law § 1194, and revoked his driver license.

Adjudged that the determination is annulled, the petition is granted, with costs, and the petitioner’s driver license is reinstated.

On December 17, 2011, at 1:22 a.m., a police officer was patrolling West…