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Matter of Donnellon v. Tofany

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1969
31 A.D.2d 941 (N.Y. App. Div. 1969)

Opinion

March 10, 1969


In a proceeding pursuant to article 78 of CPLR to annul respondent's determination, dated February 1, 1967, which suspended petitioner's driver's license for 30 days as of January 28, 1967 for a violation of former paragraph 3 of subdivision (b) of section 1180 Veh. Traf. of the Vehicle and Traffic Law (now subd. [d] of said section), petition granted to the extent that the determination is modified, on the law, by reducing the period of suspension to the period of time during which the suspension was in effect, that is, up to February 9, 1967, the time of entry of the order of the Special Term which inter alia stayed the operation of the suspension; and determination confirmed as so modified, without costs. While it may not be said, on this record, that the determination was unsupported by substantial evidence, we believe that, under all the circumstances, suspension of petitioner's license for 30 days was not warranted. Christ, Acting P.J., Brennan, Hopkins, Benjamin and Martuscello, JJ., concur.


Summaries of

Matter of Donnellon v. Tofany

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1969
31 A.D.2d 941 (N.Y. App. Div. 1969)
Case details for

Matter of Donnellon v. Tofany

Case Details

Full title:In the Matter of PIERRE DONNELLON, Petitioner, v. VINCENT L. TOFANY, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 10, 1969

Citations

31 A.D.2d 941 (N.Y. App. Div. 1969)