MATTER OF ENGLISH v. TOFANY


32 A.D.2d 878 (1969)

In the Matter of Maurrell English, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Respondent

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

June 27, 1969


Determination unanimously annulled, with costs, and matter remitted to respondent for a new hearing in accordance with the following Memorandum: Although the suspension of petitioner's operator's license recites that it was made "after a hearing on 1-25-68", the findings of the Referee upon which it is based contain evidence not adduced thereat but given on December 7, 1967, when a police officer testified. Petitioner was not present at that hearing because he went to the...

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