Craig v. Melton

The petitioner seeks a stay of revocation pending determination of the administrative appeal which stay has been denied by the Administrative Appeals Board. Although the exercise of discretion by the Administrative Appeals Board should normally be upheld (Matter of Pell v Board of Educ., 34 NY2d 222; Matter of Fink v Cole, 1 NY2d 48; Matter of Meschino v Lowery, 34 AD2d 255), there is no rational basis for the denial in this case.

There are some reasons why the stay should have been granted, among others, petitioner raises a question with reference to his physical condition. There is a serious…