Peachey v. Commissioner of Motor Vehicles

Order unanimously reversed and petition dismissed, without costs. Memorandum: In this CPLR article 78 proceeding, respondent appeals from the order of Special Term staying the mandatory order of revocation of petitioner’s New York *721State motor vehicle operator’s license pursuant to section 510 (subd 2, par a, cl [iii]) of the Vehicle and Traffic Law. Petitioner alleges that he was arrested and charged with driving while intoxicated in violation of subdivision 3 of section 1192 of the Vehicle and Traffic Law on July 7, 1979; that he subsequently pleaded guilty to the charge on July 9, 1979 in…