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MTR. OF BOYLE v. TOFANY

44 A.D.2d 342 (1974)

In the Matter of John J. Boyle, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Respondent

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

May 9, 1974.

Attorney(s) appearing for the Case

Joseph B. Rafter (M. Andrew Dwyer of counsel), for petitioner.

Louis J. Lefkowitz, Attorney-General (Philip J. Fitzgerald, Jean M. Coon and Ruth Kessler Toch of counsel), for respondent.

COOKE and KANE, JJ., concur with STALEY, JR., J.; HERLIHY, P. J., and SWEENEY, J., dissent and vote to confirm in an opinion by SWEENEY, J.

STALEY, JR., J.

This is a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Commissioner of Motor Vehicles revoking petitioner's New York State operator's license.

On June 18, 1971, at about 12:50 A.M., the Chief of...

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