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McKENZIE v. FISHER

39 N.Y.2d 103 (1976)

In the Matter of Catherine C. McKenzie, Respondent, v. Arnold R. Fisher, as Commissioner of Motor Vehicles, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1976.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Philip J. Fitzgerald and Jean M. Coon of counsel), for appellant.

Martin Meyer and Joseph R. Brennan for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, FUCHSBERG and COOKE concur; Judges GABRIELLI and WACHTLER dissent and vote to affirm on the memorandum at the Appellate Division ().

MEMORANDUM.

The judgment of the Appellate Division should be reversed, with costs, and the determination of the Commissioner of Motor Vehicles suspending petitioner's operator's license for a period of 90 days reinstated.

In an article 78 proceeding to review the determination of the Commissioner of Motor Vehicles, made after a hearing, suspending or revoking an operator's license pursuant to section 510 (subd 3,...

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