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MATTER OF MULLIN v. KELLY

9 N.Y.2d 846 (1961)

In the Matter of Charles R. Mullin, Respondent, v. Joseph P. Kelly, as Commissioner of the Bureau of Motor Vehicles of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided April 20, 1961.

Attorney(s) appearing for the Case

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

Donald H. McCann for respondent.

Concur: Judges FULD, FROESSEL, VAN VOORHIS and FOSTER. Chief Judge DESMOND and Judges DYE and BURKE dissent and vote to reverse and to reinstate the determination of the Commissioner (Matter of Donahue v. Fletcher, 299 N.Y. 227).

Order affirmed, with costs...

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