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MATTER OF VOERG LINCOLN-MERCURY, INC. v. MELTON

43 N.Y.2d 727 (1977)

In the Matter of Voerg Lincoln-Mercury, Inc., Respondent, v. James P. Melton, as Commissioner of the Department of Motor Vehicles, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1977.

Attorney(s) appearing for the Case

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

Michael E. Catalinotto and Roger J. Cusick for respondent.

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

MEMORANDUM.

After a hearing and pursuant to section 415 of the Vehicle and Traffic Law (see subd 9, par d), the Commissioner of Motor Vehicles suspended the dealer registration of petitioner for a violation of section 78.11 (a) (12) of the regulations (15 NYCRR 78.11 [a] [12]) of said commissioner. This regulation requires, in respect to 1972 or older model year vehicles (see Vehicle and Traffic Law, § 2102, subd [a...

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