MATTER OF DE LYNN v. MACDUFF


281 A.D. 512 (1953)

In the Matter of Victor E. De Lynn, Respondent, v. James R. Macduff, as Commissioner of Motor Vehicles, Appellant

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

April 21, 1953.


Attorney(s) appearing for the Case

Abe Wagman of counsel (Wendell P. Brown, Solicitor-General, with him on the brief; Nathaniel L. Goldstein, Attorney-General, attorney), for appellant.

Victor E. De Lynn, respondent in person.

DORE, J. P., COHN, CALLAHAN, VAN VOORHIS and BREITEL, JJ., concur.


Per Curiam.

Special Term held that the suspension of the petitioner's license to operate an automobile was illegal, annulled the suspension, and restored the license. We think this was error.

The present revocation proceeding was brought under paragraph (d) of subdivision 3 of section 71 of the Vehicle and Traffic Law, which permits the commissioner to act: "for habitual or persistent violation of any of the...

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