Di Girolamo v. Melton

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County), to annul a determination of the Commissioner of Motor Vehicles which revoked the petitioner’s driver’s license. The only arguments advanced on this proceeding to review the revocation of petitioner’s driver license are (1) that petitioner was given inadequate warning of the effect of a refusal to submit to a breath chemical test to determine the alcohol content of his blood under section 1194 of the Vehicle and Traffic Law and (2) that substantial…