Moore v. Macduff

The Commissioner of Motor Vehicles appeals from an order annulling his determination revoking the petitioner-respondent’s license to operate a motor vehicle.

The petitioner was convicted on June 29,1953, in the Province of Ontario of operating a motor vehicle on May 30,1953 “ while his ability to drive * * * [was] impaired by alcohol ” in violation of subdivision (4a) of section 285 of the Criminal Code of Canada (as added by Can. Stat., 1951, ch. 47). Section 71 (subd. 2, par. [b]) of the New York Vehicle and Traffic Law *598requires the revocation of an operator’s license upon the holder’s…