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MATTER OF LA VICTOIRE v. KELLY

5 A.D.2d 548 (1958)

In the Matter of Joseph L. La Victoire, Respondent, v. Joseph P. Kelly, as Commissioner of Motor Vehicles, Appellant

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

April 30, 1958.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Philip J. Fitzgerald and John R. Davison of counsel), for appellant.

Lionel O. Grossman for respondent.

All concur. Present — KIMBALL, J. P., WILLIAMS, BASTOW, GOLDMAN and HALPERN, JJ.

GOLDMAN, J.

In this appeal the Commissioner of Motor Vehicles seeks to reverse an order of the Supreme Court of Onondaga County which annulled the commissioner's revocation of petitioner-respondent's operator's license. The revocation was pursuant to the mandatory direction of paragraph (b) of subdivision 2 of section 71 of the Vehicle and Traffic Law upon notification of petitioner's conviction following a plea...

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