MacLean v. Kelly

This is a proceeding in the nature of mandamus under article 78 of the Civil Practice Act to annul the revocation of the petitioner’s operator’s license.

The petition alleges the petitioner’s convictions of speeding on September 25, 1956, on June 3, 1957, and on March 28, 1958. These three convictions were not within a period of 18 months. However, the respondent’s answer alleges that the conceded conviction of September 25, 1956, was for speeding on September 15, 1956, that the conceded conviction of June 3, 1957, was for speeding on May 23, 1957, and that the conceded conviction of March 28,…