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MATTER OF JENSON v. FLETCHER

277 A.D. 454 (1950)

In the Matter of Marion J. Jenson, Petitioner, v. Clifford J. Fletcher, as Commissioner of Motor Vehicles, Respondent

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

November 15, 1950.

Attorney(s) appearing for the Case

Heffren J. Cohen and Joseph Ambrusko for petitioner.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General and Michael P. Geraci of counsel), for respondent.

All concur, except TAYLOR, P. J., and McCURN, J., who dissent and vote to confirm the determination. Present — TAYLOR, P. J., McCURN, VAUGHN, KIMBALL, and PIPER, JJ.

KIMBALL, J.

This proceeding under article 78 of the Civil Practice Act brings up for review the determination of the respondent, after a hearing, which revoked the petitioner's license to operate a motor vehicle. There were no findings as such but we are disregarding such omission in view of the fact that the point was not raised and because of the fact that there is no issue of fact presented in the record. The...

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