Bernola v. Fletcher

In a proceeding pursuant to article 78 of the Civil Practice Act, the Commissioner of Motor Vehicles appeals from an order annulling his refusal to issue an operator’s license to petitioner, striking out as insufficient in law certain statements of new matter contained in his answer and denominated as a “ separate and complete defense ”, and directing him to allow petitioner to be examined as to his fitness and qualifications as an automobile operator or chauffeur, and to issue a license to petitioner if he should be found to be so qualified. In making the order appealed from the Special Term…