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  5. 73 N.Y.2d 741 (1988)
 

MATTER OF GRAY v. ADDUCI

73 N.Y.2d 741 (1988)

In the Matter of Dale F. Gray, Respondent, v. Patricia B. Adduci, as Commissioner of Motor Vehicles of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided October 27, 1988.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Daniel Smirlock, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant.

Melvin L. Olver and Timothy Maloney for respondent.

Judges SIMONS, ALEXANDER, TITONE AND BELLACOSA concur in memorandum; Judge KAYE dissents and votes to affirm in an opinion in which Chief Judge WACHTLER and Judge HANCOCK, JR., concur.

MEMORANDUM.

The judgment of the Appellate Division should be reversed, with costs, and the determination of the Commissioner of Motor Vehicles reinstated.

Hearsay evidence can be the basis of an administrative determination (see, People ex rel. Vega v Smith, 66 N.Y.2d 130; Matter of Lahey v Kelly, 71 N.Y.2d 135; Matter...

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