Tompkins 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 respondent revoking petitioner’s operator’s license. While operating his pickup truck in the Village of Margaretville on January 30, 1975, petitioner was involved in a one-car accident. A State trooper arrived to investigate the incident and, after some conversation with him, arrested petitioner for operating a motor vehicle while intoxicated (Vehicle and Traffic Law, § 1192, subd 3). It is conceded that the appropriate warning…