MATTER OF PRATT v. MELTON


72 A.D.2d 887 (1979)

In the Matter of George P. Pratt, Respondent, v. James P. Melton, as Commissioner of The Department of Motor Vehicles of the State of New York, Appellant

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

November 29, 1979


Special Term, in making its decision, placed heavy reliance on an examination of the hearing testimony. The court obviously made findings of fact contrary to those found by the administrative hearing officer. Special Term, therefore, in retaining jurisdiction of this proceeding, erroneously denied its transfer to this court. Under such circumstances, this court is not bound by Special Term's findings and will treat the proceeding as if it had been properly transferred here...

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