MATTER OF TREND v. TOFANY


66 Misc.2d 389 (1971)

In the Matter of Arthur R. Trend, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles of the State of New York, Respondent.

Supreme Court, Special Term, Nassau County.

March 26, 1971


Attorney(s) appearing for the Case

Frederick J. Coen and Vincent De Paul Starace for petitioner. Louis J. Lefkowitz, Attorney-General, for respondent.


PAUL J. WIDLITZ, J.

In this article 78 proceeding petitioner challenges the revocation of his operator's license pursuant to section 510 (subd. 2, par. a, cl. [iii]) of the Vehicle and Traffic Law which occurred on February 23, 1971. The respondent, in a cross motion, moves to dismiss the petition upon the ground that said petition fails to state facts entitling the relief sought.

The petitioner was convicted on December 15, 1970 in San Diego...

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