Opinion
February 13, 1962
In an action for a judgment declaring, inter alia, that defendant, the Commissioner of Motor Vehicles of the State of New York, had no jurisdiction to revoke plaintiff's license to operate an automobile and directing the restoration of such license to plaintiff, the plaintiff appeals from an order of the Supreme Court, Nassau County, dated October 13, 1961, which granted defendant's motion to dismiss the complaint, pursuant to subdivision 4 of rule 107 of the Rules of Civil Practice, on the ground that there is an existing final decree of a court of competent jurisdiction rendered on the merits determining the same cause of action between the parties (see Matter of Walsh v. Kelly, 19 Misc.2d 971). Order affirmed, without costs. No opinion. Beldock, P.J., Ughetta, Kleinfeld, Rabin and Hopkins, JJ., concur.