Ross v. Macduff

We now review the propriety of a determination of the Commissioner of Motor Vehicles, suspending for fifteen days the petitioner’s license to operate a motor vehicle, pursuant to statutory authority permitting such suspension “ for habitual or persistent violation ’ ’ of the traffic laws and ordinances (Vehicle and Traffic Law, § 71, subd. 3, par. [d]). Such determination has been annulled in an article 78 proceeding on the ground that the commissioner should not have counted two of the speeding convictions on which he relied in making his determination for the reason that the proof failed to…