MATTER OF DIMINICO v. TOFANY


35 A.D.2d 957 (1970)

In the Matter of Pasquale Diminico, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Respondent

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

December 7, 1970


Order annulled, without costs, and matter remitted to respondent for a further hearing before the referee as indicated herein and for a new determination.

In the interests of justice, we believe this matter should be referred back to the hearing referee to permit presentation of evidence that the accelerator had jammed prior to the occurrence and such other evidence as may shed light on the accident...

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