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MATTER OF HICKEY v. KELLY

9 A.D.2d 386 (1959)

In the Matter of Jeremiah Hickey, 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.

December 23, 1959.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Philip J. Fitzgerald and Paxton Blair of counsel), for appellant.

E. James Hickey for respondent.

All concur, except McCURN, P. J., and GOLDMAN, J., who dissent and vote for affirmance in opinion by GOLDMAN, J., in which McCURN, P. J., concurs.

Per Curiam.

The action of the Commissioner in revoking the petitioner's operator's license was mandated by the statute, upon the receipt by the Commissioner of certificates of conviction, showing that the petitioner had been convicted of three speeding offenses, committed within a period of 18 months (Vehicle and Traffic Law, § 71, subd. 2, par. [c]). The petitioner seeks to attack the third conviction upon the...

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