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MATTER OF ZOLL v. HULTS

20 A.D.2d 496 (1964)

In the Matter of Fred Zoll, 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, Third Department.

March 19, 1964.

Attorney(s) appearing for the Case

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

John J. Randazzo, Jr., and Arthur B. Lanphier for respondent.

GIBSON, P. J., HERLIHY, REYNOLDS and AULISI, JJ., concur.

TAYLOR, J.

In this article 78 [Civ. Prac. Act] proceeding the Commissioner of Motor Vehicles of the State of New York appeals from an order of the Supreme Court at Special Term which directed "a trial of the issue of fact as to whether the Justice of the Peace advised petitioner as required by Section 335-a of the Code of Criminal Procedure" and granted permission to appeal to this court. (Civ. Prac. Act, §...

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