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MATTER OF ARCURI v. MACDUFF

1 A.D.2d 733 (1955)

In the Matter of Vito Arcuri, Appellant, v. James R. 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, Third Department.

December 23, 1955

Upon reargument, it appeared that, at the time the appeal herein was submitted to the court, there was pending an application by the petitioner to set aside the second of the three convictions referred to in our opinion (286 App. Div. 17). The application had been made on notice to the District Attorney but without notice to the Attorney-General and the Attorney-General was unaware of the pendency of the application. We were not advised of the pendency of the application...

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