Schloer v. Commissioner of Department of Motor Vehicles

—Main, J. P.

Petitioner commenced this CPLR article 78 proceeding to challenge the revocation of his motor vehicle operator’s license. Initially, there is no merit to petitioner’s contention that he was denied his due process right to confront and cross-examine his accusers. The failure to have the witnesses whose statements were read present at the hearing did not deprive petitioner of any due process right to cross-examine adverse witnesses, especially in light of the fact that petitioner was free to subpoena any witness he desired to question (Matter of Eagle v Paterson, 57 NY2d 831, 833;…