Underwood v. Kelly

Proceeding under article 78 of the Civil Practice Act, transferred to this court by an order of the Supreme Court at Special Term, to review a determination of the Commissioner of Motor Vehicles which revoked petitioner’s driving license, pursuant to section 71-a of the Vehicle and Traffic Law, for “refusal to submit to chemical test for the purpose of determining the alcoholic content in his blood”. The only evidence adduced was the testimony of the arresting police officer who testified that petitioner first consented to submit to the test and that: “ The doctor did draw a little blood from…