Schutt v. Macduff

This is an article 78 proceeding brought against the Commissioner of Motor Vehicles by one Louis E. Schutt to annul a determination of the commissioner revoking the motor vehicle driver’s license of the petitioner. The license was revoked by the commissioner for the alleged refusal of the petitioner to submit to a blood test as demanded by a police officer following his arrest for driving while intoxicated. The commissioner, in *45revoking the license, acted under the authority of the provisions of section 71-a of the Vehicle and Traffic Law (L. 1953, ch. 854), said section reading as follows: “…