Anderson v. Macduff

This is a proceeding brought under article 78 of the Civil Practice Act for an order annulling the determination of the Commissioner of Motor Vehicles revoking the driver’s license of the petitioner.

On September 2,1954, the petitioner was arrested in the village of Fonda and charged with driving an automobile while intoxicated. The arresting officer requested the petitioner to submit to a blood test but this was refused by the petitioner who stated that he preferred to go before the judge. He was arraigned, pleaded not guilty, released on bail and the case was adjourned for trial to September…