MATTER OF TANEY v. MELTON


89 A.D.2d 1000 (1982)

In the Matter of Lewis J. Taney, Jr., Petitioner, v. James P. Melton, as Commissioner of Motor Vehicles of The State of New York, Respondent

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

September 20, 1982


Petition granted, determination annulled, on the law, without costs or disbursements, and petitioner's driver's license reinstated. Respondent's determination is not supported by substantial evidence. Petitioner was involved in a one-car automobile accident during the late hours on April 3, 1979. Shortly after midnight on April 4, 1979, Trooper McLean of the New York State Police arrived on the scene. He observed petitioner, who had lacerations about the face, head and nose...

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