Goff v. Macduff

This is an article 78 proceeding for an order canceling the revocation by the Commissioner of Motor Vehicles of petitioner’s operator’s license.

On June 10, 1954, petitioner pleaded guilty to “ reckless driving ”, a violation of section 58 of the Vehicle and Traffic Law, before a Justice of the Peace in the town of Newburgh, New York. After receipt from the Justice of a certificate of the conviction based upon his plea of “ guilty ”, the commissioner issued on the usual form a notice revoking the license.

The substantial question raised by petitioner is whether the commissioner is authorized by…