Zimmerman v. Kelly

James 0. O’Brien, J.

Petitioner’s license to operate a motor vehicle has been suspended by respondent commissioner, by his order dated December 26,1957 “ temporarily pending hearing ”. Subdivision 3 of section 71 of the Vehicle and Traffic Law provides “A license * * * may, however, be temporarily suspended without notice, pending any prosecution, investigation or hearing ”. It is pursuant to the authority that this provision grants to him that the commissioner made the order temporarily suspending petitioner’s license.

Petitioner attacks this order and seeks to have it annulled on the ground…