MATTER OF SELIAN v. KELLY


3 A.D.2d 669 (1957)

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

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

January 14, 1957


Order reversed, without costs, and proceeding dismissed.

The basis for the revocation of the license was that the respondent had been convicted, upon his plea of guilty, of operating a motor vehicle while in an intoxicated condition (Vehicle and Traffic Law, § 70, subd. 5). Upon such conviction revocation was mandatory if the revoking officer was satisfied that the Magistrate who pronounced the judgment of conviction warned the respondent, in compliance with...

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