Gulotta v. Kelly

Application for an order reviewing the determination of the respondent whereby he suspended petitioner’s motor vehicle operator’s license.

*722Respondent, instead of filing a return, has moved for an order dismissing the petition on the ground that it is insufficient in law. On such a motion, the factual allegations of the petition must be assumed to be true. (Matter of Hines v. State Board of Parole, 293 N. Y. 254, 258.)

On August 31, 1957 petitioner, a duly licensed motor vehicle operator, was involved in a fatal accident. On September 20, 1957 he received notice from the respondent that his…