MATTER OF GULOTTA v. KELLY


8 Misc.2d 721 (1957)

In the Matter of Angelo Gulotta, Petitioner, v. Joseph P. Kelly, as Commissioner of the Bureau of Motor Vehicles of the State of New York, Respondent.

Supreme Court, Special Term, Queens County.

October 29, 1957.


Attorney(s) appearing for the Case

Joseph D. Geoly for petitioner.

Louis J. Lefkowitz, Attorney-General (Jerome O. Glucksman of counsel), for respondent.


JAMES J. CONROY, J.

Application for an order reviewing the determination of the respondent whereby he suspended petitioner's motor vehicle operator's license.

Respondent, instead of filing a return, has moved for an order dismissing the petition on the ground that it is insufficient in law. On such a motion, the factual allegations of the petition must be assumed to be true. (Matter of Hines v. State...

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