Taney v. Melton

Proceeding pursuant to CPLR article 78 to review respondent’s determination dated September 5,1980, which revoked petitioner’s driver’s license for refusal to take a chemical intoxication test as required by subdivision 1 of section 1194 of the Vehicle and Traffic Law. Petition granted, determination annulled, on the law, without costs or disbursements, and petitioner’s driver’s license reinstated. Respondent’s determination is not supported by substantial evidence. Petitioner was involved in a one-car automobile accident during the late hours on April 3, 1979. Shortly after midnight on April…