MATTER OF SCHAYES v. MACDUFF


285 A.D. 1220 (1955)

In the Matter of Adolph Schayes, 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, Fourth Department.

May 18, 1955.


Final order reversed, without costs of this appeal to either party, and order of the Commissioner of Motor Vehicles reinstated.

Memorandum.

The revocation of the operator's license was mandatory, pursuant to paragraph (c) of subdivision 2 of section 71 of the Vehicle and Traffic Law. The commissioner had no discretion once he had determined, to his satisfaction, that the magistrate had complied with section 335-a of the Code of Criminal Procedure, as amended...

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