McDonell v. New York State Department of Motor Vehicles

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Monroe County [Ann Marie Taddeo, J.], dated April 15, 2010) to review a determination of respondent Commissioner, New York State Department of Motor Vehicles. The determination suspended petitioner’s license for refusal to submit to a chemical test.

It is hereby ordered that the determination is unanimously annulled on the law without costs and the petition is granted.

*1380Memorandum: Petitioner commenced this CPLR article 78 proceeding…