Keel v. Kelly

This is a proceeding under article 78 of the Civil Practice Act instituted by an ex parte order to show cause to stay the Commissioner of Motor Vehicles from enforcing a revocation order which revoked petitioner’s driver’s license, and a suspension order which suspended petitioner’s registration. An ex parte order to show cause also temporarily stayed the commissioner from enforcing the aforesaid revocation and suspension orders, pending the hearing of petitioner’s application for the relief herein sought.

On January 26, 1955, the petitioner was convicted in Police Court, Village of Herkimer,…