Warren v. Melton

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Washington County) to review a determination of the Commissioner of Motor Vehicles revoking petitioner’s license to operate a motor vehicle. On June 30, 1974, petitioner was arrested for *964driving while intoxicated, and the sole question presented for our review is whether or not the commissioner’s subsequent revocation of his driver’s license was proper. We hold that it was. It is conceded that, following his arrest, petitioner twice refused to take a breathalyzer test…