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MATTER OF GROSS v. MACDUFF

284 A.D. 786 (1954)

In the Matter of James E. Gross, Appellant, v. James Macduff, as Commissioner of Motor Vehicles of The State of New York, Respondent

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

November 18, 1954.

Attorney(s) appearing for the Case

Alex. Wiltsie, Jr., for appellant.

Nathaniel L. Goldstein, Attorney-General (Philip J. Fitzgerald and Wendell P. Brown of counsel), for respondent.

BERGAN, J. P., COON, HALPERN, IMRIE and ZELLER, JJ., concur.

Per Curiam.

The commissioner revoked petitioner's operator's license pursuant to the mandatory provisions of subdivision 2 (par. [c]) of section 71 of the Vehicle and Traffic Law, because petitioner had been convicted of three violations of section 56 of the Vehicle and Traffic Law (excessive speed) within a period of eighteen months. At the time the commissioner acted he had before him the certificate of a Magistrate...

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