Lippman v. Macduff

Respondent James R. Macduff, Commissioner of Motor Vehicles of the State of New York, after a hearing upon due notice to petitioner, revoked petitioner’s operator’s license, as a persistent violator, under section 71 (subd. 3, par. [d]) of the Vehicle and Traffic Law. Petitioner has instituted this proceeding to annul the commissioner’s determination and have his license restored.

Both parties hereto have asked this court to determine this proceeding. It seems, however, that since the commissioner conducted a hearing and made his determination thereon, under section 1296 of the Civil Practice…