Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of Motor Vehicles, dated November 3, 1977, which, after a hearing, suspended petitioner’s motor vehicle operator’s license for a period of 90 days. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements (see Matter of Pell v Board of Educ., 34 NY2d 222). Mollen, P. J., Hopkins, Shapiro and Martuscello, JJ., concur.