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MATTER OF BURNS v. HULTS

20 A.D.2d 752 (1964)

In the Matter of John J. Burns, Petitioner, v. William S. Hults, as Commissioner of The Bureau of Motor Vehicles of the State of New York, Respondent

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

February 20, 1964

Determination unanimously annulled, with costs.

Memorandum:

We do not find in this record "substantial evidence to justify the administrative determination made by the commissioner." (Matter of Donahue v. Fletcher, 299 N.Y. 227, 229.) The sole witness at the hearing, other than the petitioner, was the trooper who allegedly made the arrest more than an hour after the accident. There is no proof that the trooper saw the damaged vehicle or visited the...

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