Deitchman v. Kennedy

This is an article 78 proceeding to annul the revocation of the petitioner’s hack license and to direct the respondent police commissioner to restore it. The petitioner urges that the revocation of his license was illegal since a criminal complaint, based upon the same facts, had been dismissed in the Magistrate’s Court. The respondent argues that his action was not founded upon the criminal complaint and insists that the revocation was a reasonable exercise of his discretionary power predicated upon the arresting officer’s testimony, the petitioner’s refusal to deny such testimony and upon…