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MATTER OF BALLOU v. KELLY

12 Misc.2d 178 (1958)

In the Matter of Murray D. Ballou, Petitioner, v. Joseph P. Kelly, as Commissioner of Motor Vehicles of the State of New York, Respondent.

Supreme Court, Special Term, Onondaga County.

August 4, 1958.

Attorney(s) appearing for the Case

Francis R. Belge for petitioner.

Louis J. Lefkowitz, Attorney-General (Herman H. Arkin of counsel), for respondent.

FRANK DEL VECCHIO, J.

This is an article 78 proceeding to set aside an order issued by respondent temporarily suspending petitioner's operator's license.

It appears without dispute that on May 25, 1958 at about 5:45 A.M. petitioner was duly arrested and charged with operating a motor vehicle while intoxicated in violation of subdivision 5 of section 70, of the Vehicle and Traffic Law; that the arresting

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