MATTER OF STELLA v. MACDUFF


281 A.D. 800 (1953)

In the Matter of Alfred G. Stella, Petitioner, v. James R. Macduff, as Commissioner of Motor Vehicles, Respondent

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

January 14, 1953.


Determination annulled, without costs, and matter remitted to the Commissioner of Motor Vehicles to hold a new hearing.

Memorandum:

It is impossible on this record to tell how this accident happened. No one testified as to where petitioner's car passed the bus or in what lane his car was being operated on St. Paul Boulevard immediately prior to making the turn into Eaton Road. It does not appear that the three exhibits, (1) the police report, (2) the bus driver...

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