Leader v. Adduci

OPINION OF THE COURT

Peter P. Rosato, J.

By way of a CPLR article 78 petition, petitioner seeks to annul respondent’s determination dated October 18, 1988 and affirmed on January 11, 1989 following administrative appeal, whereby respondent, without a hearing, denied petitioner’s application for a driver’s license. Respondent’s denial was expressly based on Vehicle and Traffic Law § 510 (former [6]) (now Vehicle and Traffic Law § 1193 [2] [c]) which provides, in pertinent part: "such commissioner shall not issue a new license, nor restore the old, in any event, where a person has been twice…