Legal Opinion

Drasin v. Kelly

Appellate Division of the Supreme Court of the State of New York

Decided November 5, 1958Published

1Opinion of the CourtBastow, J.

In this proceeding the petitioner seeks a review

of a determination of respondent suspending petitioner’s operator’s license for 60 days. The action was taken pursuant to section 71 (subd. 3, par. [d]) of the Vehicle and Traffic Law which provides for permissive suspension or revocation of a license ‘ ‘ for habitual or persistent violation of any of the provisions of this chapter, or of any lawful ordinance, rule or regulation made by local authorities in relation to traffic ’ ’. It is further provided in the section that where such action is permissive ‘ ‘ the holder shall have an opportunity…

2Cases cited4 opinions

  1. Arcuri v. MacduffAppellate Division of the Supreme Court of the State of New York · 1955
  2. Jenson v. FletcherNew York Court of Appeals · 1951
  3. Ross v. MacduffNew York Court of Appeals · 1955
  4. Schayes v. MacduffAppellate Division of the Supreme Court of the State of New York · 1955

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