Judgment unanimously reversed, without costs, and petition dismissed.
Memorandum:
Petitioner was arrested for driving while intoxicated on March 1, 1974 and refused to submit to a breathalyzer test. The criminal charge was dismissed on April 26, 1974. On April 22, 1975 respondent sent petitioner a notice of hearing pursuant to subdivision 2 of section 1194 of the Vehicle and Traffic Law to determine whether petitioner's license should be revoked for his refusal...
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