Gargano v. New York State Department of Motor Vehicles

Proceeding pursuant to CPLR article 78 to review an order dated February 11, 1985, which, after an administrative appeal process, reinstated an order dated September 26, 1984, which, after a hearing, had revoked the petitioner’s driver’s license.

Petition granted, orders dated February 11, 1985 and September 26, 1984, respectively, annulled, on the law, with costs, and charge dismissed.

By order of revocation, dated September 26, 1984, the petitioner’s driver’s license was revoked after a hearing before an Administrative Law Judge due to his refusal to submit to a chemical test to determine the…