MATTER OF DERY v. KELLY


2 A.D.2d 635 (1956)

In the Matter of Darwin R. Dery, Petitioner, v. Joseph P. Kelly, as Commissioner of Motor Vehicles, Respondent

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

May 10, 1956


On the night of the accident, petitioner had spent seven hours in a bar. While there he drank three bottles of beer and ate two sandwiches. Feeling sleepy, he left the bar at approximately 1:30 A.M., to drive to his home. He fell alseep after driving about 20 miles and his auto left the highway striking 11 guardrails, two of which were knocked to the ground. The hearing referee found that petitioner started to drive when he was feeling sleepy, drove without taking any steps...

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