Meacham v. Tofany

Judgment unanimously modified on the law, without costs, to provide that dismissal of the petition is on the ground that petitioner has failed to exhaust his administrative remedies, and that, if so advised, he may apply to the Commissioner within 30 days of the entry of the order hereon for an appropriate hearing under subdivision 13 of section 318 of the Vehicle and Traffic Law. Memorandum: On September 4, 1970 petitioner, the owner of a tractor *823used for hauling trailers, commenced this article 78 proceeding for an order annulling the determinations of the Commissioner of Motor Vehicles (1)…