Triple A Auto Driving School, Inc. v. Foschio

Kupferman, J. P.,

dissents in a memorandum as follows: I dissent and would grant the petition to the extent of annulling the finding that on May 31, 1980, and again on June 4,1980, at a time when its license was suspended, petitioner engaged in the business of operating a driving school in violation of subdivision 2 of section 394 of the Vehicle and Traffic Law and the finding that petitioner violated regulation 76.8 (a) (2) of the Commissioner of Motor Vehicles (15 NYCRR) by failing to enter into its cash book payments for driving lessons given to Ruth Gobin on May 31 and June 4, 1980.

The…