Harrington v. Tofany

This is an article 78 proceeding brought by the petitioner asking this court to cancel and annul the determination of respondent Commissioner of Motor Vehicles, revoldng petitioner’s motor vehicle operating privileges.

Before considering the merits of this motion it is necessary to dispose of the procedural question raised by respondent, i.e., can this court entertain the matter or must it be transferred to the Appellate Division pursuant to CPLR 7804 (subd. [g]) as contended by the respondent. With this contention I do not agree. There is no issue raised by this motion which is contemplated…