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MATTER OF MERCED v. FISHER

83 Misc.2d 755 (1975)

In the Matter of Francisco Merced, on His Own Behalf and on Behalf of All Others Similarly Situated, Petitioner, v. Arnold R. Fisher, as Commissioner of Motor Vehicles, Respondent.

Supreme Court, Orange County.

September 10, 1975

Attorney(s) appearing for the Case

Harry L. Witte for petitioner. Louis J. Lefkowitz, Attorney-General (Eugene O'Brien of counsel), for respondent.

EDWARD M. O'GORMAN, J.

This is an article 78 proceeding in which petitioner, an indigent, seeks to nullify an order of the Commissioner of Motor Vehicles which suspended his driver's license because of his failure to satisfy a judgment against him. Petitioner seeks to have the court declare unconstitutional sections 332 and 336 of the Vehicle and Traffic Law, which are the provisions involved. These sections...

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