Manley v. Tofany

David F. Lee, Jr., J.

Petitioner in this proceeding pursuant to article 78 of the CPLR to review “ all the proceedings, decision and action of the Commissioner of Motor Vehicles of the State of New York” seeks “judgment annulling and setting aside the determination which revoked his motor vehicle operator’s license; directing the Commissioner to return to petitioner, his * * * operator’s license ”.

The petition alleges, inter alia: “ 5. On March 21, 1972, the Commissioner of Motor Vehicles of the State of New York, through its Hearing Officer * * * held a motor vehicle hearing for refusing a…