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MATTER OF ECKERSON v. MACDUFF

284 A.D. 56 (1954)

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

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

April 28, 1954.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Alfred B. Silverman and Wendell P. Brown of counsel), for appellant.

Thomas M. Bowes for respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

McCURN, P. J.

The petitioner-respondent while operating her automobile on a public highway in the town of Burns, Allegany County, in the early morning of August 15, 1953, became involved in a fatal accident. Shortly thereafter she was arrested and at about seven o'clock that same morning was arraigned before a justice of the peace of the town of Burns upon a charge of leaving the scene of an accident in violation...

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