MATTER OF ATHENAS v. MACDUFF


283 A.D. 955 (1954)

In the Matter of William J. Athenas, Petitioner, v. James J. Macduff, as Commissioner of Motor Vehicles of The State of New York, Respondent

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

May 10, 1954.


Determination annulled, without costs, and proceeding remitted to the commissioner to state findings of fact in support of any determination he may make.

The commissioner's determination is based on a "Summary of Facts" made by the referee who heard the testimony. The summary contains an outline of the testimony of each witness, but no statement is made as to the ultimate findings which the referee felt the evidence justified in support of the determination that petitioner...

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