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MTR. OF REDFIELD v. MELTON

57 A.D.2d 491 (1977)

In the Matter of Richard Redfield, Appellant-Respondent, v. James P. Melton, as Commissioner of Motor Vehicles, et al., Respondents-Appellants. (Action No. 1.) Pearl Perloff, Respondent-Appellant, v. James P. Melton, as Commissioner of Motor Vehicles, et al., Appellants-Respondents. (Action No. 2.)

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

June 9, 1977

Attorney(s) appearing for the Case

Emanuel Redfield for Richard Redfield, appellant-respondent.

Lea, Goldberg & Spellun, P. C. (Paul J. Goldberg of counsel), for Pearl Perloff, respondent-appellant.

Kissam, Halpin & Genovese (Anthony S. Genovese of counsel), for New York State Automobile Association, amicus curiae.

Louis J. Lefkowitz, Attorney-General (Joseph J. Micare and Ruth Kessler Toch of counsel), for James P. Melton and another.

GREENBLOTT, J. P., SWEENEY, KANE and MAIN, JJ., concur.

MAHONEY, J.

These two appeals involve the same legal questions and thus will be treated together. In both appeals licensed drivers were informed by the Department of Motor Vehicles that in order to obtain their driver's license renewals they would have to pay an extra fee known as a "driver safety assessment". Each of the drivers was required to pay this assessment...

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