CRAIG v. MELTON


89 Misc.2d 449 (1976)

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

Supreme Court, Onondaga County.

April 23, 1976


Attorney(s) appearing for the Case

O'Hara, O'Hara & Vars for petitioner. Louis J. Lefkowitz, Attorney-General (Sidney L. Grossman of counsel), for respondent.


JOHN R. TENNEY, J.

The petitioner seeks a stay of revocation pending determination of the administrative appeal which stay has been denied by the administrative Appeals Board. Although the exercise of discretion by the Administrative Appeals Board should normally be upheld (Matter of Pell v Board of Educ., 34 N.Y.2d 222; Matter of Fink v Cole,

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