Dery v. Kelly

Proceeding under article 78 of the Civil Practice Act to review a determination made by respondent, after a hearing, revoking petitioner’s license to operate a motor vehicle on the ground that petitioner had violated section 58 of the Vehicle and Traffic Law which pertains to reckless driving. On the night of the accident, petitioner had spent seven hours in a bar. While there he drank three bottles of beer and ate two sandwiches. Feeling sleepy, he left the bar at approximately 1:30 A.M., to drive to his home. He fell alseep after driving about 20 miles and his auto left the highway striking…