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HARDING v. MELTON

67 A.D.2d 242 (1979)

In the Matter of Raymond B. Harding, Respondent, v. James P. Melton, as Commissioner of Motor Vehicles of The State of New York, et al., Appellants

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

April 12, 1979

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Joseph J. Micare and Shirley Adelson Siegel of counsel), for James P. Melton, appellant.

Charles J. Wilcox, District Attorney, pro se (Robert Adams and Richard S. Piedmont of counsel), for Charles J. Wilcox, appellant.

Herzfeld & Rubin, P.C. (Herbert Rubin of counsel), for respondent.

MAHONEY, P.J., GREENBLOTT, SWEENEY and STALEY, JR., JJ., concur.

HERLIHY, J.

Subdivision 4-a of section 510 of the Vehicle and Traffic Law (hereinafter referred to as section 510) provides, in pertinent part, as follows: "Upon receipt of a court notification of the failure of a person to appear within three months of the return date or new subsequent adjourned date, pursuant to an appearance ticket charging said person with a violation of any of the provisions of this chapter...

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