Bell 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 Broome County) to review the revocation of petitioner’s driver’s license by the Commissioner of Motor Vehicles for refusal to submit to a chemical test to determine the alcoholic content of his blood. The petitioner contends that the record does not contain substantial evidence that the arresting officers warned him that his refusal to submit to a chemical test for intoxication might result in the…