Schayes v. Macduff

Final order reversed, without costs of this appeal to either party, and order of the Commissioner of Motor Vehicles reinstated. Memorandum. The revocation of the operator’s license was mandatory, pursuant to paragraph (e) of subdivision 2 of section 71 of the Vehicle and Traffic Law. The commissioner had no discretion once he had determined, to his satisfaction, that the magistrate had complied with section 335-a of the Code of Criminal Procedure, as amended by chapter 288 of the Laws of 1953. He had before him the certificate of the magistrate which recited compliance with the statute and…