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MATTER OF FUNARO v. HULTS

16 A.D.2d 654 (1962)

In the Matter of Carl Funaro, Respondent, v. William S. Hults, as Commissioner of Motor Vehicles of The State of New York, Appellant

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

April 2, 1962

Order reversed on the law and the facts, without costs, and petitioner's motion to annual the determination denied. Findings of fact which may be inconsistent herewith are reversed, and new findings are made as indicated herein.

In our opinion, the Commissioner's determination was within the discretionary power granted to him by statute (Vehicle and Traffic Law, § 501, subds. 1, 5), and was neither arbitrary nor capricious...

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