MATTER OF HERNIGLE v. MACDUFF


305 N.Y. 367 (1953)

In the Matter of James J. Hernigle, Respondent, v. James R. Macduff, as Commissioner of Motor Vehicles, Appellant.

Court of Appeals of the State of New York.

Decided June 4, 1953


Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Philip J. Fitzgerald and Wendell P. Brown of counsel), for appellant.

Michael P. Cory for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


Per Curiam.

Upon this record it may be properly concluded that the accident which occurred when respondent's automobile veered to the wrong side of the road was causally related to respondent's drowsy condition and that, sufficiently in advance of the accident to stop, respondent realized that he was in a state of drowsiness or in danger of dozing. That, we think, is a sufficient basis for an administrative determination...

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