MATTER OF ROSS v. MACDUFF


309 N.Y. 56 (1955)

In the Matter of Mortimer M. Ross, Respondent, v. James R. Macduff, as Commissioner of Motor Vehicles of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1955


Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (Abe Wagman and Henry S. Manley of counsel), for appellant.

Wilford E. Neier for respondent.

CONWAY, Ch. J., DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.


DYE, J.

We now review the propriety of a determination of the Commissioner of Motor Vehicles, suspending for fifteen days the petitioner's license to operate a motor vehicle, pursuant to statutory authority permitting such suspension "for habitual or persistent violation" of the traffic laws and ordinances (Vehicle and Traffic Law, § 71, subd. 3, par. [d]). Such determination has been annulled in an article...

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