Appellate Division of the Supreme Court of the State of New York July 6, 1979 (Sullivan v. Melton)

—Petition unanimously granted, with costs, and determination annulled. Memorandum: Petitioner brought this article 78 proceeding to annul a determination of the Commissioner of Motor Vehicles which revoked his driver’s license for refusing to submit to a chemical test of his breath in violation of section 1194 of the Vehicle and Traffic Law. Upon his arrest for driving while intoxicated at 3:55 a.