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MATTER OF QUIRK v. KELLY

7 A.D.2d 463 (1959)

In the Matter of David R. Quirk, Respondent, v. Joseph P. Kelly, as Commissioner of Motor Vehicles of The State of New York, Appellant

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

April 8, 1959.

Attorney(s) appearing for the Case

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

Lamb, Webster & Walz (John J. Considine, Jr., of counsel), for respondent.

All concur, except HALPERN, J., who dissents and votes for reversal and for dismissal of the petition in an opinion. Present — McCURN, P. J., WILLIAMS, BASTOW, GOLDMAN and HALPERN, JJ.

MEMORANDUM BY THE COURT.

The operator's license of the petitioner was revoked and his certificate of registration suspended pursuant to the provisions of section 71 (subd. 2, par. [b]) and section 94-a of the Vehicle and Traffic Law. The Motor Vehicle Commissioner had before him certain papers presumably forwarded to his office from the Motor Vehicles Branch of the Department of Highways in Ontario, Canada, accompanied by...

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