MATTER OF KEMP v. HULTS


17 N.Y.2d 191 (1966)

In the Matter of Reuben Kemp, Appellant, v. William S. Hults, as Commissioner of Motor Vehicles, Respondent.

Court of Appeals of the State of New York.

Decided March 31, 1966.


Attorney(s) appearing for the Case

Emanuel Redfield for appellant.

Louis J. Lefkowitz, Attorney-General (Michael H. Rauch and Samuel A. Hirshowitz of counsel), for respondent.

Judges BURKE, SCILEPPI and BERGAN concur in MEMORANDUM; Judge KEATING concurs in a separate memorandum; Chief Judge DESMOND and Judges FULD and VAN VOORHIS dissent and vote to reverse in a separate memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs. The record before us demonstrates that, on his application for an operator's license, the petitioner did not disclose his entire record of convictions, i.e., he merely divulged his convictions for murder and assault, omitting those for burglary and trespassing. We hold this concealment, although it is not directly related to petitioner's fitness...

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