MATTER OF MILLER v. SCHWARTZ


128 A.D.2d 783 (1987)

In the Matter of Andrew S. Miller, Respondent, v. Martin E. Schwartz, Appellant, et al., Respondents

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

March 23, 1987


Ordered that the judgment is reversed insofar as appealed from, without costs or disbursements, and it is declared that 15 NYCRR 123.1 is not unconstitutional as applied to the petitioner.

On October 15, 1984, the petitioner was issued a summons for driving 44 miles per hour in a 30 miles per hour zone. This was the petitioner's third speeding offense within an 18-month period, and if found guilty, he faced suspension or revocation of his driver's license (Vehicle...

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