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MATTER OF McCABE v. TOFANY

34 A.D.2d 890 (1970)

In the Matter of Joseph A. McCabe, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles of The State of New York, Respondent

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

May 21, 1970

Determination unanimously confirmed, without costs.

Memorandum:

The determination of the hearing officer was based upon substantial evidence. Under the circumstances presented here, there is no basis for a finding that the constitutional rights of petitioner were violated. (People v. Gursey, 22 N.Y.2d 224; Matter of Finocchairo v. Kelly, 11 N.Y.2d 58

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