MTR. OF ZIMMERMAN v. KELLY


9 Misc.2d 989 (1958)

In the Matter of Ronald Zimmerman, Petitioner, v. Joseph P. Kelly, as Commissioner of Motor Vehicles of the State of New York, Respondent.

Supreme Court, Special Term, Monroe County.

February 28, 1958.


Attorney(s) appearing for the Case

William L. Clay for petitioner.

Louis J. Lefkowitz, Attorney-General (George F. Harris of counsel), for respondent.


JAMES C. O'BRIEN, J.

Petitioner's license to operate a motor vehicle has been suspended by respondent commissioner, by his order dated December 26, 1957 "temporarily pending hearing". Subdivision 3 of section 71 of the Vehicle and Traffic Law provides "A license * * * may, however, be temporarily suspended without notice, pending any prosecution, investigation or hearing". It is pursuant to the authority that this provision grants to him that the commissioner...

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