Mistler v. Tofany

In a proceeding pursuant to article 78 of the CPLR to annul appellant’s determination which revoked petitioner’s driver’s license, the appeal is from a judgment of the Supreme Court, Suffolk County, entered October 6, 1970, which granted the application and directed appellant to restore the license to petitioner. Judgment reversed, on the law, without costs; petition dismissed; and determination confirmed. In his petition, petitioner claims, inter alia, that appellant’s determination was “ contrary to the facts and the law ”. Under these circumstances the proceeding should have been…