Murray v. Tofany

Staley, Jb., J.

Proceeding pursuant to article 78 of the CPLR to review a determination of the 'Commissioner of Motor Vehicles which revoked petitioner’s operator’s license for refusal to submit to a chemical test to determine the alcoholic content of his blood following his arrest for driving while intoxicated. (Vehicle and Traffic Law, § 1194, subd. 1.) Petitioner, was arrested on July 23, 1967 in the Village of Lake George, New York about 11:50 p.m. by Edward Sturges, a duly appointed special policeman of the Village of Lake George. Sturges testified that he observed petitioner while…