MATTER OF KELLOGG v. MACDUFF


206 Misc. 330 (1954)

In the Matter of John G. Kellogg, Petitioner, v. James R. Macduff, as Commissioner of Motor Vehicles of The State of New York, Respondent.

Supreme Court, Adjourned Motion Term, Onondaga County.

August 13, 1954.


Attorney(s) appearing for the Case

Eugene R. Custer for petitioner.

Nathaniel L. Goldstein, Attorney-General (Herman H. Arkin of counsel), for respondent.


SULLIVAN, J.

The petitioner was operating a motor vehicle in the village of Camden, N. Y., on the 3d day of November, 1953, at about eight-fifty o'clock in the evening, when he became involved in an accident with another motor vehicle. No one was injured in the accident, although both cars were damaged.

After the accident, the petitioner was questioned by a member of the New York State police with regard...

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