Leonard 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. Early in the morning of August 13, 1974 petitioner was arrested by a Saratoga County Deputy Sheriff for operating a motor vehicle while intoxicated. His driver’s license was subsequently revoked, after a hearing, for failure to submit to a chemical test pursuant to section 1194 of the Vehicle and Traffic Law. Petitioner maintains he was not driving a vehicle when arrested, a…