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CONROY v. MELTON

82 Misc.2d 750 (1975)

Edward P. Conroy, Petitioner, v. James P. Melton, as Commissioner of the Department of Motor Vehicles of the State of New York, Respondent.

Supreme Court, Orange County.

June 30, 1975

Attorney(s) appearing for the Case

Daniel J. Bloom and Peter E. Bloom for petitioner. Eugene P. O'Brien for respondent.

JOHN W. SWEENY, J.

This is an application in the form of an article 78 proceeding which in essence attacks the constitutionality of the provisions of subdivisions 2, 3, 5 and 13 of section 318 of the Vehicle and Traffic Law.

Petitioner alleges that he was operating a tractor to plow snow from the driveway of his private property, in an area immediately adjacent to a public highway. He further alleges

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