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MATTER OF HANMER v. TOFANY

31 A.D.2d 782 (1969)

In the Matter of Earl F. Hanmer, Appellant, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Respondent

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

January 16, 1969

Judgment unanimously reversed, with costs, and motion denied.

Memorandum:

Special Term erroneously dismissed appellant's petition on the ground that it was not made within four months after the determination to be reviewed became final and binding on the petitioner (CPLR 217). A determination does not become final and binding until the petitioner has had notice that an order affecting him has been issued (Matter...

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