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MATTER OF BRUMFIELD v. TOFANY

31 N.Y.2d 928 (1972)

In the Matter of Marvell B. Brumfield, Appellant, v. Vincent L. Tofany, as New York State Commissioner of Motor Vehicles, Respondent.

Court of Appeals of the State of New York.

Decided December 29, 1972.

Attorney(s) appearing for the Case

C. Samuel Beardsley for appellant.

Louis J. Lefkowitz, Attorney-General (Sidney L. Grossman, Jean M. Coon and Neil M. Gingold of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON. Judges BREITEL and JASEN dissent and vote to affirm in the following memorandum.

Order reversed, without costs, and matter remitted to Supreme Court, Onondaga County, for a hearing to determine whether or not proof of appellant's financial security was at all times in effect. (See Matter of Hanmer v. Tofany, 34 A.D.2d 383.) In the posture in which the case comes to us, it is unnecessary to decide the constitutionality of subdivisions 1 and 13 of section 318 of the Vehicle and Traffic Law. The stay, granted by...

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