Sitts v. Mealey

This proceeding was commenced under article 78 of the Civil Practice Act. The petition and notice of application having been served upon respondent, he was required to serve an answer thereto. (Civ. Prac. Act, § 1291.) The facts, therefore, stand as stated in the petition and this decision and the final order *83to be entered thereon, are based on the petition and accompanying papers. (Civ. Prac. Act, § 1297.)

The certificate of conviction of petitioner for a violation of subdivision 5-a of section 70 of the Vehicle and Traffic Law, upon which the Commissioner of Motor Vehicles relied in issuing…