MATTER OF BURNS v. MELTON


59 A.D.2d 975 (1977)

In the Matter of John E. Burns, Petitioner, v. James P. Melton, as Commissioner of The Department of Motor Vehicles, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 10, 1977


This is an article 78 proceeding to review respondent's determination revoking petitioner's operator's license. On May 3, 1974 at about 7:15 P.M., petitioner was arrested for driving while intoxicated. On this proceeding, petitioner does not question the officer's right to make the arrest or that the officer did not advise him of the contents of section 1194 of the Vehicle and Traffic Law. The sole issue for our determination is whether petitioner was denied effective access...

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