Valenti v. Tofany

This is an article 78 proceeding to review a determination of the respondent Commissioner of Motor Vehicles, whereby on October 10, 1967 he refused to issue a driver’s license to the petitioner, who made application therefor on May 10, 1967.

The petitioner’s license was originally revoked, pursuant to subdivision 3 of section 510 of the Vehicle and Traffic Law, after a hearing before a Referee on February 1, 1965, for a violation of section 392 of the Vehicle and Traffic Law.

An article 78 proceeding brought thereafter resulted in the matter being transferred by court order to the Appellate…