MATTER OF MacLEAN v. KELLY


12 Misc.2d 209 (1958)

In the Matter of Mansell L. MacLean, Petitioner, v. Joseph P. Kelly, as Commissioner of Motor Vehicles of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

July 9, 1958.


Attorney(s) appearing for the Case

Benjamin M. Goldstein for petitioner.

Louis J. Lefkowitz, Attorney-General (Edwin R. Oberwager of counsel), for respondent.


HERBERT D. HAMM, J.

This is a proceeding in the nature of mandamus under article 78 of the Civil Practice Act to annul the revocation of the petitioner's operator's license.

The petition alleges the petitioner's convictions of speeding on September 25, 1956, on June 3, 1957, and on March 28, 1958. These three convictions were not within a period of 18 months. However, the respondent's answer alleges that the conceded conviction of September 25...

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