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MATTER OF ASTMAN v. KELLY

2 N.Y.2d 567 (1957)

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

Court of Appeals of the State of New York.

Decided April 11, 1957.

Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (Philip J. Fitzgerald and James O. Moore, Jr., of counsel), for appellant.

Seymour Bernstein for respondent.

DESMOND, DYE, FULD, FROESSEL and BURKE, JJ., concur with CONWAY, Ch. J.; VAN VOORHIS, J., dissents in an opinion.

CONWAY, Ch. J.

This appeal has been taken by the Commissioner of Motor Vehicles of the State of New York from an order of the Appellate Division, Fourth Department, which (1) reversed an order of the Supreme Court, Monroe County, confirming the commissioner's determination by which the commissioner revoked petitioner Astman's operator's license because petitioner had been convicted of three speeding violations...

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