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  5. 39 A.D.2d 822 (1972)
 

MATTER OF MEACHAM v. TOFANY

39 A.D.2d 822 (1972)

In the Matter of Leon J. Meacham, Appellant, 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 25, 1972

Judgment unanimously modified on the law, without costs, to provide that dismissal of the petition is on the ground that petitioner has failed to exhaust his administrative remedies, and that, if so advised, he may apply to the Commissioner within 30 days of the entry of the order hereon for an appropriate hearing under subdivision 13 of section 318 of the Vehicle and Traffic Law.

Memorandum:

On September 4, 1970 petitioner, the owner of a tractor

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