New York Supreme Court March 13, 1981 (Maxwell v. Commissioner of Motor Vehicles)

OPINION OF THE COURT

Vincent E. Doyle, J.

The petitioner, Daniel N. Maxwell, commenced this proceeding under CPLR article 78 and seeks an order annulling the notice for a hearing to determine whether or not his license should be revoked pursuant to section 1194 of the Vehicle and Traffic Law for his alleged refusal to submit to a chemical test.