Legal Opinion · Dissent

Sidney v. Hults

New York Supreme Court

Decided June 1, 1960Published

1Dissent

Judge Desmond (now Chief J.)

in his dissenting opinion in Matter of Wignall v. Fletcher (303 N. Y. 435, 444-445), without being inconsistent with the prevailing opinion, wrote as follows: “ Authority for such ‘ re-examination of licensees ’ is given the commissioner by subdivision 8 of section 20 of the same Vehicle and Traffic Law. In plainest language that subdivision empowers the commissioner, if he ‘ has reasonable grounds to believe that a person holding a license issued pursuant to this section is not qualified to operate a motor vehicle, ’ to ‘ require such person to submit to an…

2Cases cited3 opinions

  1. Wignall v. FletcherNew York Court of Appeals · 1952
  2. Muscarella v. MacduffAppellate Division of the Supreme Court of the State of New York · 1953
  3. Applebaum v. KellyNew York Supreme Court · 1957

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