O'Brien v. Melton

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Saratoga County) to review a determination of the Commissioner of Motor Vehicles which revoked petitioner’s driver’s license. Petitioner was arrested during the early morning hours of August 30, 1975 for driving while intoxicated after the automobile he was operating collided with a State Police vehicle stopped on the highway with its emergency lights flashing. The only issue for our determination is whether there is substantial evidence to support respondent’s…