Williams v. Tofany

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Ulster County) to review a determination of the Commissioner of Motor Vehicles which revoked petitioner’s driving license for refusal to submit to a chemical test following his arrest for driving while intoxicated. It is not disputed that, on May 13, 1973 at about 3:00 a.m., a State Police officer observed a vehicle owned by the petitioner standing paritly in a ditch and partly on the edge of a highway.…