Maxfield v. Tofany

Appeal from a judgment rendered by the Supreme Court, Schenectady County, in a proceeding brought pursuant to CPLR article 78 annulling an order of the Commissioner of Motor Vehicles revoking respondent’s operator’s license for refusal to submit to a chemical test to determine the alcoholic content of his blood. Special Term held that the revocation was improper in that it had not been satisfactorily established that respondent had been advised that “ refusal to submit to chemical test may result in revocation of your license or driving privilege whether or not you are found guilty of the…