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MATTER OF SULLIVAN v. KELLY

7 N.Y.2d 462 (1960)

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.

Court of Appeals of the State of New York.

Decided March 31, 1960.

Attorney(s) appearing for the Case

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

Philip D. O'Donnell for respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

Per Curiam.

The Vehicle and Traffic Law, in section 71 (subd. 2, par. [b]), requires the revocation of an operator's license for the conviction outside the State of "an offense consisting of operating a motor vehicle or motor cycle while under the influence of intoxicating liquor". In the case before us, there can be no possible doubt that the petitioner was convicted in Massachusetts...

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