Burns v. Melton

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Commissioner of Motor Vehicles revoking petitioner’s driver license. This is an article 78 proceeding to review respondent’s determination revoking petitioner’s operator’s license. On May 3, 1974 at about 7:15 p.m., petitioner was arrested for driving while intoxicated. On this proceeding, petitioner does not question the officer’s right to make the arrest or that the officer did not advise him of the contents of section…