Matter of Donahue v. Fletcher

The Commissioner of Motor Vehicles, or any person deputized by him, are among those authorized by statute to revoke a motor vehicle operator’s license. (Vehicle and Traffic Law, § 71, subd. 1). Such revocation is “ an administrative act reviewable by the supreme court ”. (Vehicle and Traffic Law, § 71, subd. 6.)

In the present proceeding under article 78 of the Civil Practice Act we review a nonunanimous order of the Appellate Division which annulled upon the law and facts a determination.made — after a hearing — by the appellant, the Commissioner of Motor Vehicles, revoking the…