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MATTER OF ASTMAN v. KELLY

1 A.D.2d 449 (1956)

In the Matter of Emile W. Astman, Appellant, v. Joseph P. Kelly, as Commissioner of Motor Vehicles of The State of New York, Respondent

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

May 9, 1956.

Attorney(s) appearing for the Case

Seymour Bernstein for appellant.

Jacob K. Javits, Attorney-General (Angelo S. Brindisi and James O. Moore, Jr., of counsel), for respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and BASTOW, JJ.

BASTOW, J.

The petitioner appeals from an order confirming the determination of the Commissioner of Motor Vehicles revoking petitioner's license to operate a motor vehicle because of a third violation of speeding within a period of eighteen months (Vehicle and Traffic Law, § 71, subd. 2, par. [c]).

The facts are not disputed. On April 23, 1953, petitioner was convicted of speeding in Yates County. Again on July 6, 1954, he was convicted of...

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