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McCabe v. Tofany

34 A.D.2d 890 Court N.Y. App. Div. Decision date 1970-05-21 English

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p. 890
In the Matter of Joseph A. McCabe, Petitioner, v. Vincent L. Tofany, as Commissioner of Motor Vehicles of the State of New York, Respondent.

Determination unanimously confirmed, without costs. Memorandum: The determination of the hearing officer was based upon substantial evidence. Under the circumstances presented here, there is no basis for a finding that the constitutional rights of petitioner were violated. (People v. Gursey, 22 N Y 2d 224 ; Matter of Finocchairo v. Kelly, 11 N Y 2d 58 .) (Review of determination revoking petitioner’s driver’s license, transferred by order of Onondaga Special Term.) Present — Del Vecchio, J. P., Marsh, Moule, Bastow and Henry, JJ.

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