Soffer v. Macduff

In a proceeding brought pursuant to article 78 of the Civil Practice Act, to review the order of the Commissioner of Motor Vehicles which suspended the petitioner’s operator’s license, the respondent claims the proceeding is barred because it was not instituted within four months after the determination sought to be reviewed became final and binding upon the petitioner (Civ. Prac. Act, § 1286). The respondent argues that the order suspending petitioner’s license was made on October 19, 1953, and that such determination became “ final and binding ” upon the petitioner on the date it was made.…