Tomasello v. Tofany

Proceeding pursuant to article 78 of the CPLR to review and annul respondent’s determination dated .Hovember 20, 1968 revoking petitioner’s motor vehicle operator’s license because of his refusal to submit to a chemical blood test following his arrest for driving while intoxicated (Vehicle and Traffic Law, § 1194, subd. 1). Proceeding dismissed on the merits and determination confirmed, without costs. “ In our opinion, the evidence is sufficient to sustain the findings that (1) the *963police officer who arrested petitioner had reasonable grounds to believe petitioner was driving while…