Smith 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, which revoked petitioner’s driver’s license for refusal to submit to a chemical test following his arrest for driving while intoxicated. Although some of the salient facts were in sharp dispute, respondent found that an automobile owned and operated by petitioner collided with another vehicle on August 26, 1977 in the City of Schenectady. Petitioner went to his home and later reported the…