MATTER OF HARRINGTON v. TOFANY


59 Misc.2d 197 (1969)

In the Matter of Harold E. Harrington, Jr., Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Respondent.

Supreme Court, Special Term, Warren County.

March 13, 1969


Attorney(s) appearing for the Case

Carusone & Carusone for petitioner. Louis J. Lefkowitz, Attorney-General, for respondent.


MICHAEL E. SWEENEY, J.

This is an article 78 proceeding brought by the petitioner asking this court to cancel and annul the determination of respondent Commissioner of Motor Vehicles, revoking petitioner's motor vehicle operating privileges.

Before considering the merits of this motion it is necessary to dispose of the procedural question raised by respondent, i.e., can this court entertain the matter or must it be transferred to the Appellate...

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