MATTER OF HERKEL v. KELLY


14 Misc.2d 966 (1958)

In the Matter of James G. Herkel, Jr., Petitioner, v. Joseph P. Kelly, as Commissioner of Motor Vehicles of the State of New York, Respondent.

Supreme Court, Special Term, Oneida County.

December 4, 1958.


Attorney(s) appearing for the Case

Philip D. O'Donnell for petitioner.

Louis J. Lefkowitz, Attorney-General (Harry Silvers 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 pending a healing on a scheduled date.

On August 27, 1958 petitioner was arrested for violation of subdivision of section 56 of the Vehicle and Traffic Law and charged with operating a motor vehicle upon a public highway at a speed of in excess of 95 miles per hour for a distance of greater shall...

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