Devine v. Hults

Petitioner applies for an order under article 78 of the Civil Practice Act directing the respondent, as Commissioner of Motor Vehicles, to cancel and annul his determination revoking the petitioner’s license to operate a motor vehicle.

Petitioner is employed as a bus driver for the Green Bus Lines Inc. Since he was involved in three accidents within 18 months, respondent ordered him to submit to re-examination, pursuant to subdivision 8 of section 20 of the Vehicle and Traffic Law. Petitioner passed the written test, the English test and the eye test, but failed to pass the road test. The…