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MATTER OF HORODNER v. FISHER

38 N.Y.2d 680 (1976)

In the Matter of Mark H. Horodner, Appellant, v. Arnold R. Fisher, as Commissioner of the Department of Motor Vehicles, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 26, 1976.

Attorney(s) appearing for the Case

Mark H. Horodner, appellant pro se.

Henry F. O'Brien, District Attorney (Ronald E. Lipetz of counsel), for Henry G. Wenzel, III, respondent.

Louis J. Lefkowitz, Attorney-General (Robert S. Hammer and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.

Jerold Oshinsky, Ernest A. Gleit, Donald S. Klein and Edwin D. Leonard for the Association of the Bar of the City of New York, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

Within an 18-month period, petitioner Mark Horodner was thrice convicted of speeding, which convictions served as the basis for the September 28, 1972 revocation of his driver's license. On January 2, 1973, Horodner was charged with a misdemeanor for driving while his license was revoked. His guilty plea, entered in the District Court of Suffolk County on September 19, 1973, resulted in a judgment of...

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