Ordered that the judgment is modified by (1) deleting the provision thereof dismissing the proceeding, (2) adding thereto a provision pursuant to CPLR 103 converting so much of the proceeding as was for declaratory relief to an action for declaratory judgment, (3) adding thereto a provision declaring that so much of Vehicle and Traffic Law § 1193 (2) (c) as prohibits the Commissioner of Motor Vehicles from issuing a new license where a person has been twice convicted...
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