Majority
p. 764In the Matter of John J. Fletcher, Sr., Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles of the State of New York, Respondent.
Determination unanimously modified to reduce penalty to suspension of license for ninety days, and as modified, determination confirmed, without costs. Memorandum: The penalty imposed by the respondent was an improvident exercise of discretion and excessive. (Review of determination suspending petitioner’s operator’s license, transferred by order of Oneida Special Term.) Present— Bastow, P. J., Goldman, Del Vecchio, Marsh and Witmer, JJ.