MATTER OF MOORE v. MACDUFF


283 A.D. 596 (1954)

In the Matter of Hal C. Moore, Respondent, v. James R. Macduff, as Commissioner of Motor Vehicles of The State of New York, Appellant

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

March 24, 1954.


Attorney(s) appearing for the Case

Zweig & Meyl for respondent.

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

FOSTER, P. J., BERGAN, COON and IMRIE, JJ., concur.


HALPERN, J.

The Commissioner of Motor Vehicles appeals from an order annulling his determination revoking the petitioner-respondent's license to operate a motor vehicle.

The petitioner was convicted on June 29, 1953, in the Province of Ontario of operating a motor vehicle on May 30, 1953 "while his ability to drive * * * [was] impaired by alcohol" in violation of subdivision (4a) of section 285 of the...

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