Maines v. Tofany

Robert 0. Brink, J.

The above-named petitioner has applied to this court in an article 78 proceeding for an order compelling *547the Commissioner of Motor Vehicles to restore the petitioner’s motor vehicle operator’s license which was revoked on June 3, 1969, following a hearing. The grounds for the revocation were that the petitioner refused to submit to a chemical test for the purpose of determining the alcoholic content of his blood, after being arrested on a charge of violating subdivision 2 of section 1192 of the Vehicle and Traffic Law.

It is revealed from the testimony of the arresting…