MATTER OF HUNKINS v. TOFANY


38 A.D.2d 879 (1972)

In the Matter of Robert A. Hunkins, Petitioner, v. Vincent L. Tofany, as Commissioner of The Department of Motor Vehicles, Respondent

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

February 25, 1972


Determination unanimously modified on the facts and in the exercise of discretion to the extent of limiting the penalty to a 20-day suspension, and as so modified, determination confirmed, without costs.

Memorandum:

While the Commissioner's determination was supported by substantial evidence, we believe under all the circumstances present in this record that suspension of petitioner's license for 90 days is inordinately severe. Petitioner owns a 350-acre farm...

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