Muscarella v. Macduff

Petitioner, an experienced automobile driver, sixty-six years of age, having been involved within a period of eighteen months in three accidents while operating a motor *566vehicle in which damage to property in excess of $50 was sustained, was required by the Commissioner of Motor Vehicles to submit to an examination pursuant to the mandatory provisions of subdivision 8 of section 20 of the Vehicle and Traffic Law, to determine his “ qualifications and fitness to continue to hold a license to operate motor vehicles.” Petitioner submitted to such an examination, which he failed to pass. After…