MATTER OF FAKE v. MACDUFF


281 A.D. 630 (1953)

In the Matter of Earl K. Fake, Respondent, v. James R. Macduff, as Commissioner of Motor Vehicles, Appellant

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

May 13, 1953.


Attorney(s) appearing for the Case

Joseph A. Santry for respondent.

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

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and PIPER, JJ.


KIMBALL, J.

The Commissioner of Motor Vehicles appeals from a final order of Special Term which annulled the order of the commissioner suspending petitioner's operator's license and directing restoration thereof. Appeal is taken also from an order which denied the commissioner's motion to dismiss the petition upon objections in point of law. The petition was accompanied by affidavits. The relief demanded was ...

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