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MATTER OF SULLIVAN v. KELLY

9 A.D.2d 865 (1959)

In the Matter of James P. Sullivan, Respondent, v. Joseph P. Kelly, Individually and 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.

November 13, 1959

Order affirmed, with $50 costs and disbursements.

All concur, except Williams and Halpern, JJ., who dissent and vote to reverse and to dismiss the proceeding in the following memorandum:

The Commissioner of Motor Vehicles issued the order revoking the petitioner's license on the ground that he had been "Convicted 11/6/58 before First District Court of Southern Worcester, Mass., of operating a motor vehicle while under...

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