Kennedy v. Melton

Determination unanimously confirmed, without costs. Memorandum: This is a proceeding pursuant to CPLR article 78 to review an order of respondent, the Commissioner of Motor Vehicles, revoking petitioner’s motor vehicle operator’s license pursuant to section 1194 of the Vehicle and Traffic *1153Law. The following evidence was adduced at the hearing: petitioner was arrested on a charge of driving while intoxicated at approximately 8:05 p.m. on January 13, 1975. At the time of his arrest, the arresting officer observed that petitioner smelled of alcohol, had bloodshot eyes, staggered and slurred his…